With the enactment of Law 31940, the deadline is extended until June 2024, that is, for three months, to make the Annual Affidavit and pay the Income Tax (IR). In this way, it seeks to provide economic relief to individuals and micro and small businesses (mypes) who must comply with this obligation between March and April of each year.
In dialogue with La República, Katherine Rodríguez, senior associate at the Dentons study, explains the scope of this measure. First, she notes that there is one exception. The mypes that can benefit from the extension are those that generate up to 1,700 UIT of annual income, that is, up to S/8 million 415,000, if the value of the UIT in 2023 (S/4,950) is taken as a reference. In this way, mypes that have formed economic groups are excluded, according to Law 31112, as they would exceed this limit.
Rodríguez recalls that the proposal was promoted by Congress to lighten expenses between March and April, since it coincides with the restart of classes in which school supplies must be purchased and pension payments made. Furthermore, mypes have not yet recovered from the crisis generated by the pandemic.
Clarifications
Rodríguez and tax specialists warn that the measure has some flaws. For example, it is proposed that the extension goes until June of the “year following the year of the declaration”, but it is not specified that it is from 2024, so it could be interpreted that it is until June 2025.
On the other hand, tax benefits are proposed for those who do not take advantage of the measure; However, it is not detailed what they will be. “Tax benefits are only given by law and legislative decree. So, through a resolution of Sunat These benefits could not be given, unless they are referring to extending some deadlines of other sworn statements, or splitting payments,” he concluded.
Terms and conditions
The Sunat will establish the form, term and conditions for compliance with the provisions of the law, within a maximum period of 60 calendar days; that is, until January 22, 2024.
It will also publish the expiration schedule for the presentation of the Annual Income Tax Affidavit in accordance with the last digit of the RUC.
Source: Larepublica
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