Mining producers that provide metals to jewelers will have export tax treatment

The Executive Power, within the framework of Law No. 31696 that allows it to legislate on economic reactivation and modernization of State management, promulgated Legislative Decree No. 1552 that modifies the Law on General Sales Tax and Selective Consumption Tax.

The norm, published today in El Peruano, provides export tax treatment to mining producers in order to promote the sale of metals to national jewelry manufacturers so that they can have raw materials to produce and export them.

For this, it incorporates numeral 13 in article 33 of the Consolidated Text of the General Sales Tax Law and Selective Consumption Tax. Here, it determines that the sale of metals made by mining producers in favor of national jewelry manufacturers will enjoy this tax treatment provided that the transferred metal is incorporated into the product to be exported and on the date of completion of the operation the mining producer and the national jewelry manufacturer are registered in the registries established by the regulation, which have a constitutive character, as well as they must not have been qualified by the Sunat with one of the two lowest levels of compliance of those established in the Legislative Decree No. 1535 and regulatory standards.

Likewise, it indicates that the national mining producer is obliged to notify the Sunat of the delivery of the metal to the national jewelry manufacturer within a period of no more than five business days after it is produced. Until the calendar day following receipt of the communication, it is sent by the Sunat to the national jewelry manufacturer, who must give his consent to have received the metal within a period of five business days from the date the communication was sent.

“The communication and the conformity are made through the means that the Sunat has for this purpose. By means of a superintendency resolution, it regulates the means, the form and conditions for the mining producer to present said communication and the national jewelry manufacturer to grant the conformity says the rule.

It is also specified that for the sale of metals made by the mining producer to be considered as an export operation, the communication must have been made and consent granted within the aforementioned periods.

Likewise, jewelry made with the metal sold must be shipped within a period of no more than sixty business days from the date of delivery of the metal to the national jewelry manufacturer.

“If for any reason, once the term of sixty (60) business days has expired, the shipment has not been made, the subject responsible for the export of the finished product assumes responsibility for the payment of the corresponding taxes,” warns the device legal.

Validity of the modification

The norm is in force from the entry into force of the norm that regulates the case provided for in numeral 13 of article 33 of the Law on General Sales Tax and Selective Consumption Tax.

Within a period of no more than 180 days, counted from the publication of this Legislative Decree, the regulatory and complementary norms necessary for its correct application are approved, by means of a supreme decree endorsed by the Minister of Economy and Finance.