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Constitutional Court prohibits charging interest to debtor companies

Constitutional Court prohibits charging interest to debtor companies

Default interest is canceled for taxpayers who have legal disputes with the State, which take decades to resolve.

The Constitutional Court (TC) determined to prohibit the tax administration — Sunat and the Fiscal Court — from charging late payment interest that taxpayers burden. after the expiration of the legal term established by the Tax Code to resolve the controversies that they have with the State, and that remain several years in judicial instances, even those in process.

According to the judgment in file No. 03525-2021-PA/TC, a precedent is set because now taxpayers with million-dollar debts — for example, Telefónica del Perú — have the right to wait for a resolution to be issued that must observe this decision of the TC or also the right to resort to negative administrative silence to elucidate the matter obligatorily in a contentious administrative process because it is an equally satisfactory way, and not in an amparo process.

Likewise, they point out that the Judiciary, even in pending processes, must declare the nullity of the calculation of default interest towards the determined debtor.

It is worth noting that this decision of the Constitutional Court had the support of magistrates Francisco Morales Saravia (president), Gustavo Gutiérrez Ticse, Helder Domínguez Haro, Manuel Monteagudo Valdez and César Ochoa Cardich, and a singular vote against Luz Pacheco Zerga.

Source: Larepublica

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