Commercial operations from S / 2,000 must be banked from April

The Executive published a legislative decree that modifies the law for the fight against evasion and for the formalization of the economy, and reduced the threshold for mandatory banking of commercial operations, from S/ 3,500 (or US$ 1,000) to S/ 2,500 ( or $500).

In that sense, If a company has an expense above S/ 2,000, it must be banked to deduct it as an expense, explained Jaime Escribans, professor at the UP Law School and partner at Vega Abogados.

The regulations also determine that financial means of payment must be used – transfers, payment to an account or checks – for the constitution or transfer of real rights over real estate and vehicles, as well as the increase or reduction of participation in the capital stock of a legal person, as long as each operation is greater than 1 UIT (S/ 4,600), and is thus paid in parts. Both provisions will take effect from April 1 of this year.

“It is a rule with good intentions and its results will be seen in the future, since the banks will have more work. Let us remember that the pandemic forced us to virtualize, now it is banked with platforms such as Yape or Plinbut it is not known if it will fulfill its mission because the formalization is no longer a legal issue, but a social one”, noted the tax expert.

In addition, these operations will be considered fulfilled only if it is carried out directly to the supplier or who provides the service; in case it is given to a third party, Sunat must be notified in advance at its offices or through its virtual parts table. A resolution of the collecting entity will complement this figure.

Long-term

From January 1, 2023, social benefits and remuneration, even for amounts less than S / 2,000, must also be governed by means of payment, as well as mutos (loans) regardless of the amount in question.

The tax attorney Miguel Ángel Carrillo stressed that The obligation will also no longer be considered fulfilled if financial entities located in countries with low or no taxation are used: the so-called tax havens.

“The rule specifies that those (operations) with entities from non-cooperative countries with which an exchange of financial information or clause has not been signed will not be considered. In other words, it could not be considered that the operation was banked if the deposit was made in an entity that corresponds to a country in a tax haven. It is enough that you have an information exchange agreement to validate it, ”he noted.

The data

Other changes. Some points of the Tax Code were also modified to reduce the procedural burden in the presentation of claims and appeals, as well as the grounds of fact and law. In addition, the General Customs Law was modified, so that Peruvians at borders without land access to their departmental capital do not pay tariffs for commercial imports.

reactions

Miguel Ángel Carrillo, tax attorney

“The majority make payments online with greater predisposition. We are going to reach a time, if we want to stop evasion, when any amount is banked with this progressive reduction”.

Jaime Escribans, Professor of Law at the UP

“The idea is good, but I don’t know if it will fulfill its mission because formalization is no longer a legal issue, but a social one. The pandemic showed that a large part did not have a bank account.”