Peru: SUNAT - How to support the receipt of donations and gifts

In brief

As of 2023, new provisions will govern the receipt of donations and gifts.


If the amount does not exceed 25% of the tax unit (PEN 1,150)

Reliable documentation proving the delivery of the donation, gift or tithe.

  • Example: wedding registry organized by third parties, proof of receipt with signatures, etc.

It is likely that, due to the amount, SUNAT will not monitor these acts in detail.

If the amount exceeds 25% of the tax unit (PEN 1,150)

It is necessary to have the following documentation:

  • Property: public deed and registration
  • Vehicles: public deed and registration
  • Movable property: duly dated document (notarization of the date or legalization of signatures)
  • Money: duly dated document (notarization of the date or legalization of signatures)
  • Other goods: reliable documentation similar to that indicated for the amounts not exceeding 25% of the tax unit

To be taken into account:

  • For deposits received as an intermediary: supporting documents showing that it is an operation between third parties and communication with SUNAT (where the form or deadlines have not yet been established)
  • As a consequence of not having the aforementioned documents, the gift, donation or tithe will be considered an unjustified patrimonial increase; that is, it will be a taxed income subject to income tax.

 

* * * * *

 

LOGO_Peru Estudio Echecopar_Lima

Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office", means an office of any such law firm. 

Before you send e-mail to Estudio Echecopar, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyer in the matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

@2022 Estudio Echecopar
All rights reserved.

No part of this publication may be reproduced in any form or by any means without the written permission of Estudio Echecopar.


Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.