the congresswoman Katy Ugarte presented a bill to reverse the effects of the recent ruling of the Constitutional Court, which retroactively condones the millionaire interest generated by companies that drag historical lawsuits with the Peruvian State.
As recalled, the Sunat denounced that, with this sentence, a precedent has been generated so that the large debtors of the treasury stop paying more than S/12,000 million for tax interests, once they manage to lengthen their processes until they reach the stage of the Judiciary. Despite the fact that the collecting entity filed a request for annulment, the TC reaffirmed this week in its decision.
According to PL 4517/2022-CR, default interest is mandatory, and there is no “prohibition or suspension of any kind”, except in the cases expressly established by law in article 33 of the Tax Code.
The project of the congresswoman not grouped by Cusco considers that the judge or magistrate will incur “the crime of malfeasance if he has exercised diffuse control over article 33 of the Tax Code”, that is, for violating what is expressly established by the current law .
“This law is immediately applicable and fully restores the effects of article 33 of the Tax Code. In the event that the calculation of default interest has been interrupted during the year 2023 for any reason not contemplated in the Tax Code, it must be recalculated” , anticipates the document.
As warned by the Ministry of Economy and Finance (MEF), the ruling of the TC postpones the attention to their needs, since it generates a reduction in future income that would allow the State to fulfill its functions, in addition to unnecessarily encouraging litigation. for the collection of taxes in our country.
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