There are Peruvian companies, formally constituted and with economically high operations, that deliver invoices to third parties for non-real operations, in order to be able to justify expenses, costs or tax credit, says an expert.

On January 1, 2023, Legislative Decree 1532 will enter into force, which creates the figure of the “subject without operational capacity” (SSCO), a tax reform that seeks to reduce tax avoidance in the country.

According to Marysol León Huayanca, CEO of Quantum Consultores, thousands of Peruvian companies, formally constituted and with economically high operations, submit invoices to third parties for non-real operations, in order to justify expenses, costs or tax credits.

“This implies that the taxable base of the determination of the annual income tax is reduced or that the IGV tax credit contained in the receipts be taken advantage of. For this reason, this decree was approved in order to control tax evasion,” said the expert.

In what situations is the condition of “subject without operational capacity” considered?

The Sunat determines that the appropriate moment to start with the procedure for attribution of the condition of “subject without operational capacity” is when the following situations are detected:

It does not have infrastructure or assets.

It has no assets.

It does not have staff.

Any other objective situation that shows that the subject does not have economic, financial, material, human and other resources, or that they are not suitable to carry out the operations for which payment vouchers or complementary documents are issued.

How is it the procedure?

The initiation of the procedure must be notified jointly by the letter and the corresponding requirement; In addition, to comply with the deadlines established in the same decree, which could be:

If such condition is not distorted, according to the aforementioned procedure, the Sunat has the obligation to publish the SSCO list, which will produce various effects, such as:

The deregistration of the series of proofs of payment and physical complementary documents.
You can only issue bills of sale and debit and credit notes linked to them, until the aforementioned term expires.
The operations executed do not allow the exercise of the right to tax credit or any other right or benefit derived from the IGV or support costs or expenses for purposes of Income Tax.
Others that are established in accordance with the law.

Verify that it is not a company that, according to Sunat’s RUC file, lacks personnel, as well as ensure that it has infrastructure and assets. If these conditions are met, the operations carried out with these subjects will not grant the right to use the IGV as a tax credit or the acceptance of the expense incurred.

Source: Management