Introduction to Regulation XVI and Risk Schemes
The third version of the risk schemes catalog, published in July 2024, focuses on situations that could imply a potential tax non-compliance. This document provides crucial guidance for taxpayers and legal advisors to identify and prevent schemes that could be subject to Rule XVI of the Preliminary Title of the Consolidated Amended Text of the Peruvian Tax Code. Rule XVI focuses on the qualification of tax avoidance and simulation of tax rules, as well as on specific anti-avoidance rules and transfer pricing regulations.
Key Cases of Potential Avoidance and Simulation
Notable cases in the catalog include:
- Royalty Deduction for Assignment in Use of Trademark: The assignment of a trademark to a company with a reduced income tax rate generates a lower tax payment in Peru.
- Disposal of a Peruvian Company Through an Autonomous Patrimony: Transfer of shares using structures avoiding the corresponding income tax.
- Redomiciliation of a Company and Use of DTAs: Relocation of companies to countries with double taxation avoidance treaties to benefit from tax exemptions.
These schemes demonstrate various forms of potential tax avoidance, from the manipulation of royalties to the use of complex structures for share transfers and strategic re-domiciliation.
Importance of Prevention and Voluntary Compliance
The catalog not only lists risk situations but also seeks to encourage voluntary compliance among taxpayers. By knowing and understanding these schemes, companies can prevent or avoid engaging in practices that, although they may seem advantageous in the short term, can lead to severe penalties and reputational damage in the long term. SUNAT, in its oversight role, emphasizes these practices to protect the resources of the Peruvian State.
Conclusions and Recommendations for Taxpayers
The publication of this updated catalog represents an ongoing effort by SUNAT to ensure transparency and fairness in tax compliance. Taxpayers and advisors should carefully review these schemes and evaluate their tax practices to ensure they are under current regulations. Prevention and proactive compliance are key to avoiding penalties and contribute to stability and confidence in the Peruvian tax system.
For further information and advice on tax compliance, please visit our website and consult with our experts at TPC Group. Keep updated and avoid unnecessary risks in your tax operations.
Source: SUNAT, Risk Schemes 2024.
