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Tuesday, March 21, 2023

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TC rejects Sunat’s request to annul a ruling that eliminates late payment interest

He Constitutional Court (TC) rejected Sunat’s request to annul the ruling that eliminates the collection of default interest on tax debts that have not yet been resolved with the State, as long as this delay has been generated by the tax administration (also considering the Tax Court ).

The magistrates declared the request inadmissible, which they described as one for clarification, and recalled that “there are no challenges” against their sentences.

The TC considers that the collection of default interest upon expiration of the legal term to resolve a dispute violates the right to petition and property, even to the point of “qualitatively confiscatory.”

How does the ruling of the TC affect the State?

Enrique Vera, superintendent of Sunat, assured Caretas that the decision of the Constitutional Court plays against the voluntary and timely compliance of taxpayers’ obligations; In addition to occurring in a context wheree the tax administration “has made progress in complying with the legal deadlines to resolve claims” where “100% of cases are resolved on time.”

According to Sunat, large companies would stop paying more than S/12,000 million, directly affecting the population as fewer resources were available.

Source: Larepublica


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