Article 1.- Approval of the Regulations

The Regulation of Law No. 31556, Law that promotes measures of economic reactivation of micro and small businesses in the categories of restaurants, hotels and tourist accommodation, is approved, which consists of eight (8) articles, two (2) final complementary provisions and one (1) transitory complementary provision, which as an Annex forms an integral part of this supreme decree.

REGULATION OF LAW No. 31556,

LAW THAT PROMOTES MEASURES FOR THE ECONOMIC REACTIVATION OF MICRO AND SMALL ENTERPRISES IN THE RESTAURANTS, HOTELS AND TOURIST ACCOMMODATION ITEMS

Article 1.- Object

The purpose of this regulation is to establish the regulatory standards for the application of the provisions of Law No. 31556, Law that promotes economic reactivation measures for micro and small businesses in the restaurant, hotel and tourist accommodation sectors.

Article 2.- Definitions

For the purposes of this regulation, it is understood as:

Article 3.- Special VAT rate

3.1. In accordance with article 3 of the Law, the special rate of eight percent (8%) of the IGV is only applicable to operations taxed with the aforementioned tax for restaurant, hotel and tourist accommodation activities carried out by MYPE during the months in which they meet the requirements established in the Law.

3.2. The operations other than those detailed in the preceding paragraph carried out by the MYPE are taxed with the general rate of the IGV established in article 17 of the TUO of the IGV Law.

3.3. All the activities detailed in this article are taxed at the IPM rate established in article 76 of the TUO of the Municipal Tax Law.

Article 4.- Maximum annual sales limit of 1700 UIT

4.1. For purposes of calculating the maximum limit of annual sales of up to 1,700 UIT of the MYPE, established in article 5 of the TUO of the MYPE Law, referred to in paragraph 2.3 of article 2 of the Law, the annual sales are calculated by adding , regarding the last twelve (12) months preceding the one prior to the one in which the activities subject to the special VAT rate are carried out, according to the tax regime in which the company would have been found in said periods, the following:

a) The net income obtained in the month resulting from the sum of the amounts of such income consigned in the monthly sworn statements, on the basis of which the payments on account of the General Regime and the MYPE Tax Regime of the tax to the rent.
b) The monthly net income resulting from the sum of the amounts of such income consigned in the monthly sworn statements, on the basis of which the monthly installment of the Special Income Tax Regime is calculated.
c) The gross monthly income that results from the sum of the amounts of such income consigned in the monthly payment declarations, on the basis of which the category that corresponds to the subjects of the New Simplified Single Regime is located.

4.2. In the case of reorganization of companies, for purposes of computing the maximum limit of annual sales of up to 1700 UIT, the MYPE that had absorbed another considers in its calculation the sales of the absorbed company, in accordance with what is indicated in the previous paragraph .

4.3. In the event that the MYPE has less than twelve (12) months of economic activity, the income is considered, as appropriate, from the month in which it began until the month preceding the previous one for which the calculation is made.

4.4. Taxpayers who start economic activities for the first time, among which are those included in the Law, provided that they plan not to exceed the maximum limit of annual sales of up to 1700 UIT during their first month of activity, it will be understood that they comply with the referred limit in said month. In case the aforementioned limit is exceeded in the first month, the general VAT rate will be applied from the second month after the activities start.

4.5. In the case of the MYPE that, according to the regulations issued by SUNAT, is exempt from the obligation to present the monthly IGV – Income affidavit for one or more of the twelve (12) months subject to evaluation, the following are considered: amounts consigned in the electronic payment vouchers or payment vouchers issued in concurrence, including the complementary documents to these, in the month or months subject to evaluation in which it is exempt from such obligation, if any.

4.6. If the MYPE or the SUNAT vary the income initially declared, determining higher income, the latter are considered.

4.7. The UIT in force is considered to be the period in which the activities subject to the special VAT rate are carried out.

Article 5.- Minimum income limit for restaurant, hotel and tourist accommodation activities

5.1. For purposes of calculating the minimum limit of seventy percent (70%) of the total income of the MYPE, from the activities of restaurants, hotels and tourist accommodation referred to in paragraph 2.2 of article 2 of the Law, it is considered the next:

a) The income obtained in the month preceding the previous one for which the calculation is made is taken into account.
b) The percentage is the result of dividing the income corresponding to the sale and provision of services of the activities subject to the special VAT rate, by the total income obtained by the MYPE multiplied by one hundred (100).
c) To determine the income that corresponds to the sale and provision of services of the activities subject to the special rate of the IGV, the MYPE must obtain the result corresponding to the value of the operations consigned in the respective payment vouchers and the complementary documents to these.
d) The total income is considered to be the highest value resulting from comparing the income declared for VAT purposes with those declared for the purpose of payments on account or the payment of the Income Tax fee, as appropriate.
e) If the MYPE or the SUNAT vary the income initially declared, determining higher income, the latter are considered.
f) In the case of the MYPE that, according to the regulations issued by SUNAT, is exempt from the obligation to present the monthly IGV and Income Tax affidavits, in order to determine the total income, the amounts consigned in the electronic payment vouchers or payment vouchers issued in concurrence or contingency, including the complementary documents to these, in the month of evaluation in which it is exempt from such obligation, if any.

5.2. The MYPE will enjoy the special VAT rate in the month following that in which they meet the minimum limit in accordance with the provisions of the previous paragraph.

5.3. The MYPE that start economic activities for the first time, among which are those included in the benefit of the Law, and that plan to comply with the minimum limit of income from said activities during the first month of activity will enjoy the special rate of the VAT. If the aforementioned limit is exceeded in the aforementioned month, the general VAT rate will be applied from the second month after the activities start.

Article 6.- Loss of the special VAT rate for breaching the maximum annual sales and minimum income limits

6.1. If the computation of the maximum limits of annual sales and minimum income, carried out in accordance with the provisions of articles 4 and 5 of this regulation, non-compliance with any of them is determined, the application of the special VAT rate is lost. from the first calendar day of the month following the last one used to carry out said verification.

6.2. Taxpayers may reapply the special VAT rate from the first calendar day of the month following the last one used to verify compliance with the aforementioned limits, as long as they comply with them.

Article 7.- Economic group and economic relationship

7.1. For the purposes of the provisions of paragraph 2.4 of article 2 of the Law, the configuration of an economic group and economic relationship is determined in accordance with the provisions of article 4 of the Regulations of the MYPE Law.

7.2. Once the economic group or the economic relationship is configured, this will be maintained as long as the cause that configured it subsists, and all the natural or legal persons that make up the group or that have an economic relationship must apply the general VAT rate.

Article 8.- Application of the special VAT rate when operating the economic disengagement or ceasing to be part of the economic group

The MYPE that cease to have an economic link or to integrate an economic group may apply the special rate of the IGV from the first calendar day of the month following the dissociation or separation of the economic group, as long as they meet the requirements defined in the paragraphs 2.1, 2.2 and 2.3 of article 2 of the Law and the provisions of this Regulation.

FINAL SUPPLEMENTARY PROVISIONS

First.- Compliance with the requirements of Law No. 31556

The due application of the special VAT rate; as well as, compliance with the requirements established in the Law and the provisions of this Regulation is subject to subsequent verification or inspection by SUNAT, without prejudice to the preventive actions or concurrent control that it may carry out.

Once the improper application of the special VAT rate is detected, SUNAT, in accordance with the provisions of the Tax Code, collects the omitted tax and applies the corresponding sanctions for the infractions caused by the improper application of the special VAT rate.

Second.- Control of the application of the special VAT rate

SUNAT may establish, within the framework of its powers, the mechanisms and procedures necessary to control the application of the special VAT rate.

TRANSITIONAL SUPPLEMENTARY PROVISION

Single.- Application of the special VAT rate for the period September and October 2022

For the period September and October 2022, for the purpose of applying the special VAT rate, the conditions established in the Law are considered fulfilled, in accordance with the following:

i) Maximum annual sales limit of 1700 UIT

Annual sales are calculated by adding the income detailed in subparagraphs a), b) or c) of paragraph 4.1 of article 4 of these regulations, as appropriate to the tax regime in which the company would have been found, with respect to the months of January to December of the year 2021, for this purpose the current UIT of said year is considered.

In the event that the MYPE has less than twelve (12) months of economic activity in the year referred to in the preceding paragraph, the income is considered, as appropriate, from the month in which it began until the month of December 2021 .

Regarding those taxpayers who had started activities as of the month of January 2022, the income is considered, as appropriate, from the month in which it began until the month of August 2022, in the case of the period September 2022; or, until the month of September 2022, in the case of the period October 2022.

Taxpayers who start economic activities for the first time in the month of September or October 2022, provided that they project or have projected not to exceed the maximum limit of annual sales of up to 1,700 UIT during said month, it will be understood that they comply with the aforementioned limit. If this is exceeded, the general VAT rate will be applied from November 2022.

ii) Minimum income limit for restaurant, hotel and tourist accommodation activities

For purposes of calculating the minimum limit of seventy percent (70%) of the total income of the MYPE, from the activities of restaurants, hotels and tourist accommodation referred to in paragraph 2.2 of article 2 of the Law, the calculation of said limit can be made, indistinctly, considering the income for the period from January to December of the year 2021; or, the income of the last twelve (12) periods prior to the September 2022 period, in the case of the September 2022 period, or October 2022, in the case of the October 2022 period; or, the income for the period August 2022, in the case of the period September 2022; or, the income for the period September 2022, in the case of the period October 2022.

The computation referred to in the preceding paragraph is carried out in accordance with the provisions established in article 5 of these regulations, considering for this purpose the income of the period or periods that the taxpayer had chosen.

The MYPE that start economic activities for the first time in the month of September or October 2022, among which are those included in the benefit of the Law and that project or would have projected to comply with the minimum limit of income from said activities, during that month they enjoy the special VAT rate. If the aforementioned limit is exceeded, the general VAT rate will be applied from November 2022.

Source: The Peruvian