The Plenary Session of Congress approved by insistence, with 79 votes in favor, 28 against and 9 abstentions, the law that aims to sincere the interests of the refunds of tax payments made improperly or in excess, refunds for withholdings or non-applied perceptions of the general sales tax (IGV) and the corresponding for the updating of fines.
The president of the Economy Commission, César Revilla (Popular Force)pointed out that the regulatory proposal seeks to unify the two situations raised in article 38 of the Tax Code, and considers that, in all cases in which the Sunat exceeds the legal period granted to rule on a refund request, a interest rate equivalent to default interest rate (TIM)given that from that moment on the entity would be incurring an action to the detriment of the taxpayer.
“In the current context, where the need for capital for investment prevails, it is important to generate adequate incentives so that Sunat and taxpayers can generate economic growth and therefore resources to the treasury,” said Revilla.
It should be noted that the Executive observed several articles of the rule and highlighted that the proposal incentivizes and rewards improper or excess payments attributable to taxpayers’ faults or faults, affecting the Treasury’s income. “This will cause, at least, a doubling of the amount of interest to be returned, which would imply returning an additional S/280 million annually,” reads in the document.
Source: Larepublica

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