Tax code
Article 28: Components of the tax debt
- The reference to the interest rate applicable to requests involving deferment with installments has been eliminated. The current text only refers to deferment or installments.
However, under the current legal framework, both facilities may be granted at the same time.
Article 38: Refunds of undue or excess payments
- The differentiation made with respect to the interest rate to be applied in the following cases has been eliminated: (i) in the case of undue or excess payments resulting from any document issued by SUNAT, through which the payment of a tax debt is demanded, and (ii) in the case of undue or excess payments that are not included in the case mentioned in point (i).
In this way, the moratorium interest rate (TIM), which is currently 0.9% per month, will be applied in all cases to eliminate the current difference.
Previously, the rate charged by SUNAT for unpaid debts was 0.9% per month, while the rate applied and paid for refunds of undue or excess payments was 0.42% per month. With this modification, as of 1 January 2024, the rate of 0.9% will be applied in both cases.
This is because the differentiation of interest rates is considered to only affect the taxpayer, since SUNAT does not resolve the refund requests in a timely manner. Therefore, it is unfair that there is a difference between the interest applied by SUNAT on tax debts and that applied to certain refunds, thus violating the principle of equality.
- With respect to undue refunds, the average market passive rate for transactions in local currency (TIPMN in Spanish), published by the SBS on the last business day of the previous year, must be applied.
Article 181: Updating of fines
- The interest rate set by the Central Reserve Bank of Peru must be applied to the fines that were not paid. Said interest is applied from the date on which payment of the fine is required from the debtor by SUNAT.
Previously, such article provided that fines had to be updated by applying the TIM.
Law No. 28053
Article 5: Interest on the refund of IGV withholdings or perceptions not applied
- The interest applicable to refunds of IGV withholdings or perceptions not applied is only the TIM of 0.9% per month. Previously, it could have been either the TIM or the TIPMN, depending on the case.
- This interest is applied between the date of filing or the date of expiration of the monthly return showing the accumulated balance of the withholdings or perceptions for which the refund is requested — whichever occurs first — and the date on which the respective refund is made available to the applicant.
Validity
Interest is calculated as of its effective date (1 January 2024). However, it is applicable to requests for refunds of undue or excess payments and in relation to withholdings and perceptions that are pending resolution and refund as of the effective date.
Likewise, it is applicable to fines pending notification as of this law's effective date.
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