It also approved an initiative that extends the validity of tax benefits for mining and hydrocarbon exploration.

The Ministry of Economy and Finance (MEF), as part of the implementation process of the Peru Impulse Plan, presented two important bills to the Council of Ministers, one aimed at perfecting the Tax Code in order to improve collection management of tax debts, and another that extends the validity of tax benefits for mining and hydrocarbon exploration, which were approved by the Executive Power.

Regarding the first project, this seeks to give a greater dissuasive effect to the regulations of the Tax Code in order to avoid the dilation or postponement of the collection of tax debts.

The initiative modifies the last paragraph of article 20-A of the Tax Code and establishes that a liability attribution procedure be carried out so that the tax administration notifies the cause attributable to the jointly liable person as the amount of the debt. Currently there is an inspection procedure, with the modification, said procedure will be regulated by DS, ensuring that the person responsible can make his discharges and allow access to information so that he can exercise his right of defense.

Likewise, the bill regulates the power of the coercive executor who can currently initiate preliminary precautionary measures before the start of the coercive collection procedure when there are reasons to presume that the collection may become unsuccessful.

In this context, it proposes a non-exhaustive list of objective indicators that can be used to support said assumption. such as averages or percentages based on sales, income, rents, costs, expenses, losses, assets, liabilities, net worth, working capital, volume of operations and bank movements, duly supported.

The initiative also proposes that as an exception to the tax reserve, the total amount of the tax debt contained in resolutions or notified payment orders can also be published, regardless of their status. However, it indicates that if the publication is included, it can only be carried out as long as it exceeds the amount that will be established by supreme decree.

It should be noted that the dissemination of those taxpayers and/or responsible persons who have tax debt pending payment encourages voluntary compliance and creates tax awareness, but this objective is not fully met if the dissemination does not include those who have the greatest amounts of tax debt, which is generally contested.

The project proposes to provide, as a requirement to file an appeal, the prior payment of the tax debt in the event that the debtors have a consented or executed conviction for tax or customs crimes, or in the case of withholdings or contributions to social security. Under these assumptions, the debtors will present a letter of guarantee for 60% of the part of the tax debt that constitutes the reason for the appeal.

Finally, the project modifies article 159 of the Tax Code, by means of which the taxpayer can request a precautionary measure to suspend or nullify any action of the Tax Court or the Tax Administration aimed at collecting the debt, offering a counter precaution for the 60%, amount for which the precautionary measure is granted.

The initiative of the Executive establishes that the counter precaution, personal or real, offered by the plaintiff must be granted for an amount not less than 60% of the total amount of the tax debt affected with the precautionary measure updated to the date of notification with the precautionary request. .

In this way, the risk that the judge may grant a precautionary measure for an amount that exceeds the amount that is discussed in court is eliminated. And with this, the amount of the tax debt not covered by the counter-caution can be recovered in a timely manner.

Boosting investment in exploration

The second project extends for five years, until December 31, 2027, the validity of laws No. 27623 and No. 27624 that return the IGV and the Municipal Promotion Tax within a period not exceeding thirty business days for the exploration in mining and hydrocarbons.

In this way, within the framework of the Peru Impulse Plan, the approved project seeks to extend the validity of tax benefits for mining and hydrocarbon exploration, which will allow taxpayers to reduce the cost of investment projects, generating a potential increase in the portfolio of extractive activities.

Thus, it seeks to encourage more companies in the mining and hydrocarbon exploration sector to carry out activities in the country, making risk investment more attractive and contributing to improving the economy of exploratory projects.

In addition, the greater dynamism of this activity would contribute to the creation of new formal jobs, generating a virtuous circle that promotes the economic dynamism of the regions where the exploration activity is carried out.

Source: The Peruvian