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Fiscal Council on the ruling of the TC: “It may negatively affect future tax collection”

Fiscal Council on the ruling of the TC: “It may negatively affect future tax collection”

In line with what was indicated by the Sunat and the Ministry of Economy and Finance, the CF considers that the ruling requires a review.

The Fiscal Council (CF), an autonomous and technical body, has ruled this Thursday, March 2, against the ruling of the Constitutional Court (TC) that prohibits the application of default interest, once the legal deadlines for resolving tax disputes have expired, since it considers that it may negatively affect future tax collection. Thus, in line with what was indicated by the Sunat and the Ministry of Economy and Finance (MEF), he believes that the ruling requires a review.

“The CF considers that the sentence may negatively affect future tax collection, by generating incentives for taxpayers to prosecute disputes in tax matters and delay them,” they said in their statement.

The entity specified that it is in accordance with the TC with respect to seeking a solution to the problem caused by the excessive delay in resolving tax disputes; however, he made it clear that this ruling is not the way.

He specified that the fiscal effect of the sentence is divided into two; First, it is estimated that the value of the debt that companies have with Sunat would be reduced by S/12,000 million; and second, perverse economic incentives are generated since it is not clear what the terms applied to the Judiciary are, since in practice there are no such terms and that the prohibition on the collection of default interest causes the debt to retain its nominal value, which implies a loss of value over time.

Source: Larepublica

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