Through Report No. 74-2021, SUNAT (Superintendencia Nacional de Aduanas y de Administración Tributaria – National Superintendency of Customs and Tax Administration) established opinion and interpretation regarding the provision of financial information to SUNAT referred to in Supreme Decree No. 430-2020-EF. and Superintendence Resolution No. 000067-2021- SUNAT.
1. Consultations carried out
- Are the debits and credits of the period considered without including the transactions made in the account as of 12.31.2020 to determine the balance for the period January 2021? Are the debits and credits from 1.1.2021 until the last day of the reporting period considered for the period February 2021 onwards?
- Should the absolute value of each account be considered to add the amounts corresponding to the balances of the accounts of a holder who has more than one account?
2. Analysis
According to paragraphs 1, 2, and 3 of Article 143-A of Law No. 26702, SUNAT has the power to require the provision of financial information to companies of the financial system related to passive operations with their clients, referring to balances and/or accumulated amounts, averages or highest amounts of a certain period, and the yields generated, including information that identifies the clients to combat tax evasion and avoidance.
It should be noted that such provision of information must correspond to transactions or operations performed as of the entry into force of Supreme Decree No. 430-2020-EF regulating Legislative Decree No. 1434, i.e., as of 01.01.2021.
On the other hand, the aforementioned regulation refers that to determine whether an account must be reported to SUNAT, the company must identify the aforementioned concept(s) established by SUNAT and each period to be reported is/are equal to or exceeds seven (7) Tax Unit(s).
In addition, numeral 3.1 of Article 3 of Superintendency Resolution No. 000067-2021-SUNAT provides that the financial system company declares only the registered balance and the yields deposited in the account.
In this regard, it can be argued that to determine the “balance” for the period January 2021 regarding the first query, the financial system company must consider the debits and credits made to the account in that month, excluding the transactions or operations carried out until 12.31.2020. Likewise, for the period February 2021 onwards, debits and credits made from 1.1.2021 until the last day of the period being reported or until the last day on which the account exists in that period must be considered.
Regarding the second question, the balance is the result of contrasting “debits” and “credits” to determine how different these transactions are.
The regulation states that if the holder has more than one account in the company of the financial system, the balances, among others to be reported, are calculated by adding the amounts of such concepts corresponding to all the accounts of the holder.
Therefore, it may be argued that if a holder has more than one account to determine whether the information must be provided, the financial system company must add the amounts corresponding to the balances of all the accounts, considering in absolute value the amount resulting from the difference between the debits and credits of each account, i.e., without assigning a sign (positive or negative) to the result.
3. Conclusions
In order to determine whether it is appropriate to provide financial information referred to in Supreme Decree No. 430-2020-EF and Superintendence Resolution No. 000067-2021-SUNAT:
- To determine the “balance” for the period January 2021, the financial system company must consider the debits and credits made to the account in that month, excluding transactions or operations carried out until 12.31.2020. Likewise, for the period February 2021 onwards, the debits and credits made from 1.1.2021 until the last day of the period being reported or the last day the account exists in that period must be considered.
- To determine whether the information must be provided, the amounts corresponding to the balances of all the accounts must be added together if the holder has more than one account in a company of the financial system, considering for this purpose, in absolute value, the amount resulting from the difference between the debits and credits of each account, i.e., without assigning a sign (positive or negative) to the result.
Source: SUNAT 03/09/21
