Legal Guide for Doing Business in Peru 2019

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The general procedure to be followed for the purposes of non -domiciled natural persons is that they pay taxes on their Peruvian income when they are paid by a Peruvian resident. As a rule, employers domiciled in the country, must submit to foreign workers who have worker immigration status and had served during their stay in the country, a Certificate of income and deductions, in which the amount paid and the tax withheld are designated. It should be noted that such certificate shall be delivered by the employer to the employee domiciled at his request, in order that the non domiciled person hand it over to the immigration authorities at the time of leaving the country. For the determination of net income of Peruvian Source obtained by non domiciled individuals as a result of the sale of assets, securities or rights, the cost incurred in the acquisition and improvement of such assets, securities or rights, will always be deducted and when certain conditions are met. To this end, non domiciled individuals should obtain a Certificate Recovery Invested Capital issued by the SUNAT. Finally, the exemption referred in the last paragraph of the section entitled "IR - Natural Persons Domiciled" which refers to the income produced from the sale of securities, is also applicable to the present case.

IT - Legal Persons domiciled

Legal Persons domiciled are taxed on their Peruvian source income as well as their income from foreign sources. The distribution of dividends by companies domiciled is not ever taxed with the IT, only if the beneficiaries of dividends are domiciled entities. The net result of transactions made abroad by resident legal entities will be added to its net income from Peruvian sources, but only if the result is positive (net income). It is important to note that losses from transactions made from, to, or through tax havens cannot be offset by income from foreign sources. Net loss from foreign sources cannot be compensated by the Peruvian source net income for tax purposes. The procedure for determining the annual IT to be paid is via the application of taxes expenses against the income earned in the year: In terms of income, income from services and sales of assets accrued during the year are considered as taxable income. In terms of costs, they will be deductible in determining IT, to the extent that they have a direct causal relationship to income generation or the maintenance of the source; except for those that are expressly prohibited by law (for example, personal expenses, fines, costs supported with documents that do not meet the requirements established by the Regulation of Payment Vouchers, etc.). In addition, and as indicated previously, domiciled legal entities may carry forward tax losses to offset them with future income using one of the following systems:

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