COVID-19: Tax measures implemented by the Peruvian Government in response to the health crisis

1. 2019 Income Tax and Financial Transactions Tax: the deadlines to file the Annual Income Tax and Financial Transaction Tax returns for fiscal year 2019 and to perform the corresponding tax payments have been extended. Taxpayers shall comply with such obligations between June 24 and July 9, 2020.

Such extension applies to taxpayers who, in fiscal year 2019, have obtained up to 5,000 Tax Units (S/ 21’000,000 or, approximately € 5’511,811) in third category net income (i.e. corporate income) or in any other income categories that added altogether do not exceed said amount. 

2. Monthly tax obligations regarding February 2020: taxpayers who, in fiscal year 2019, have obtained up to 2,300 Tax Units (S/ 9’660,000 or, approximately, € 2’535,433) in third category net income or in any other income categories that altogether do not exceed said amount, will have access to the following extensions:

• Declaration and payment of monthly tax obligations, regarding February 2020, shall be performed between June 4 and 11, 2020.
• Declaration and payment of other tax obligations regarding February 2020, such as fifth and fourth category income tax withholdings (i.e. labor income) and EsSalud contributions, as well as the filing of the monthly payroll (PLAME), shall be performed between May 5 and 12, 2020. 
• For taxpayers who are required, or who voluntarily keep electronic ledgers, the maximum dates of delay for the Sales and Income Electronic Ledger and the Purchase Electronic Ledger, regarding February 2020, range between June 4 and 10, 2020.

3. Monthly tax obligations regarding March and April 2020: taxpayers who, in fiscal year 2019, have obtained up to 5,000 Tax Units in third category net income or in any other income  categories that altogether do not exceed said amount, will have access to the following extensions:

• The declaration and payment of monthly tax obligations corresponding to (i) March 2020, shall be performed between June 3 and 11, 2020; and (ii) April 2020, shall be performed between June 12 and 22, 2020.
• The declaration and payment of other tax obligations regarding March and April 2020, such us fifth and fourth category income tax withholdings, EsSalud contributions, as well as the filing of the monthly payroll (PLAME), shall be peformed between May 15 and 25, 2020.
• For taxpayers required, or who voluntarily keep their ledgers electronically, the maximum dates of delay for the Sales and Income Electronic Ledger and the Purchase Electronic Ledger, range from: (i) June 2 to 10 regarding March 2020; and (ii) June 11 to 19, regarding April 2020. 

4. Other extensions applicable to taxpayers with up to 5,000 Tax Units of net income during fiscal year 2019:

• The maximum dates of delay for ledgers and registries related to tax matters, as well as electronic ledgers and/or registries (other than the Sales and Income Electronic Ledger and the Purchase Electronic Ledger) are extended until June 4, 2020.
• The deadlines to submit informative declarations and communications of the Electronic Invoicing System before SUNAT have been extended until May 15, 2020.
• The deadline to submit the “Annual Declaration of Operations with Third Parties – DAOT” informative return has been extended until May 29, 2020.
• For taxpayers required to keep their ledgers electronically starting from fiscal year 2020, the maximum dates of delay of the Sales and Income Electronic Ledger and the Purchase Electronic Ledger, range from June 11 to June 19, regarding periods January and February 2020.

5. Free disposition of the amounts deposited in SPOT accounts (i.e. detraction accounts): Requests for free disposition of the amounts deposited in SPOT accounts that initially should have been filed within the first three (3) business days of April 2020, can now be filed between April 8 and 14, 2020.

On the other hand, requests for free disposition of the amounts deposited in SPOT accounts that initially should have been filed within the first five (5) business days of April 2020, can now be filed between April 8 and 16, 2020.

6. Suspension of administrative proceeding deadlines: the calculation of deadlines that correspond to administrative or any other type of proceedings are suspended for 30 business days (this includes deadlines associated with procedures before SUNAT and the Peruvian Tax Court).

7. Tax debt deferrals and/ or installments or refinancing: in order to determine the loss of tax debt deferrals and/or installments or refinancing granted until March 15, 2020 (and which, as of said date, SUNAT has not notified the loss of such facilities), installments or terms that expire on March 31 and April 30 shall not be computed, provided they are paid, together with the default interest, until May 29, 2020.  

8. Sanctions on tax infractions: tax infractions committed by taxpayers during the National State of Emergency (i.e. until April 26, 2020) will not be administratively sanctioned by SUNAT. This includes infractions committed or detected between March 16 and 18, 2020.

9. Interest rates applicable to taxes administered by SUNAT: the Default Interest Rate (DIR) for debts in national currency has been reduced to 1% per month (formerly, 1.2%). For debts in foreign currency, the DIR has been reduced to 0.50% per month (formerly, 0.60%).

On the other hand, the applicable interest rate for tax refunds in national currency, arising from an undue or an overpayment of tax, has been reduced to 0.42% per month (formerly, 0.5%). In the case of unperformed VAT withholdings and perceptions, the DIR shall apply (fixed at 1% per month).

As for tax refunds in foreign currency arising from an undue or an overpayment of tax, the applicable interest rate has been reduced to 0.25% per month (formerly, 0.3%).