Article 1.- Modification of subsections a), d) and e) of article 60 of the Regulations of the Income Tax Law

Subsections a), d) and e) of article 60 of the Regulations of the Income Tax Law, approved by Supreme Decree No. 122-94-EF, are amended as follows:

“Article 60.- METHODS FOR DETERMINING INCREASE IN ASSETS WHOSE ORIGIN CANNOT BE JUSTIFIED

For purposes of determining the tax obligation based on the presumption referred to in article 52 and subsection 1) of article 91 of the Law, the following shall be taken into account:

a) Definitions

For the purposes of this presumption, it will be understood as:

Heritage. – To the set of assets (goods) deducted the liabilities (obligations) of the tax debtor.

Passives. – To the set of obligations that are directly related to the assets acquired and that are reliably demonstrated.

Initial Patrimony. – To the assets of the tax debtor determined by SUNAT as of January 1 of the fiscal year, according to information obtained from the tax debtor himself and/or from third parties.

Ultimate Heritage. – That determined by SUNAT as of December 31 of the taxable year, adding to the initial equity the acquisitions of goods, deposits in the accounts of entities of the national or foreign financial system, cash income and other assets; and deducting property transfers, withdrawals from the aforementioned accounts, money loans that meet the requirements referred to in article 60-A and other liabilities.

For the purpose of determining the final equity:

(i) Acquisitions, deposits, income, transfers and withdrawals made by the tax debtor during the fiscal year, whether for consideration or free of charge, will be considered.

(ii) Deposits in accounts of entities of the national or foreign financial system that correspond to operations between third parties that meet the requirements set forth in the fourth paragraph of article 92 of the Law, nor the withdrawals related to said deposits, will not be computed.

However, if for reasons attributable to the tax debtor it is not possible to determine the final equity according to what is indicated in the preceding paragraphs, SUNAT will determine it considering the existing assets and deposits as of December 31.

Equity variation. – To the difference between the final equity and the initial equity of the year.

Consumption. – To all those disbursements of money made during the fiscal year, destined for personal expenses such as food, housing, clothing, education, transportation, energy, recreation, among others, and/or the acquisition of goods that at the end of the fiscal year are not reflected in its assets, whether by extinction, alienation or donation, among others. Consumptions are also considered to be withdrawals from the accounts of entities of the national or foreign financial system of funds deposited during the year, except those that correspond to operations between third parties that meet the requirements set forth in the fourth paragraph of article 92 of the Law. .

(…)

d) Methods to determine the capital increase

To determine the capital increase in the year subject to audit, SUNAT will use, at its option, any of the methods indicated below, being applicable, in each of them, the provisions of article 92 of the Law:

Balance plus Consumption Method:

It consists of adding consumption to the changes in equity for the year.

Procurement and Disbursement Method:

It consists of adding the acquisitions of goods, for consideration or free of charge, the deposits in the accounts of entities of the national or foreign financial system, except those that correspond to operations between third parties that meet the requirements set forth in the fourth paragraph of article 92. of the Law, the expenses and, in general, all the disbursements made during the fiscal year. Likewise, acquisitions and deposits from loans that meet the requirements referred to in article 60-A will be deducted.

In the case of assets and deposits in accounts, it is not necessary to distinguish whether these are reflected in equity at the end of the year.

As disbursements, even money provisions for consumption payments made through credit cards, loan installments, payment of taxes, among others, will be computed. The disbursements made for the acquisition of goods considered in the first paragraph of this number will not be computed.

The increase in equity will be determined, in both methods, by deducting the equity that does not imply a variation in equity and/or consumption, such as transfers between accounts of the tax debtor himself, exchange differences, loans, interest, the acquisition of assets and/or consumptions made in the financial year with rents and income received in the financial year and/or in previous financial years and disposed of or withdrawn for that purpose.

(…)

e) Determination of unjustified equity increase

From the equity increase determined in accordance with the preceding paragraph, the following will be deducted:

Income and income received by the tax debtor in the year, after verification by SUNAT, even if the declaration has not been submitted. For this purpose, the following do not form part of the income or income:

(i) The fictitious rents.

(ii) Withholdings and other discounts, such as those made by court order, duly verified by SUNAT.

(iii) The income or income referred to in subsections b) and c) of article 52 of the Law.

(iv) Income from loans, whether or not they meet the requirements referred to in article 60-A.

Acquisitions of goods by donations or other liberalities, which are recorded in a public deed, a document of a certain date or in a document that reliably certifies them, as appropriate, in accordance with the provisions of subparagraph a) of the second paragraph of article 52 of the law.

The unjustified capital increase will be constituted by the part of the capital increase that has not been absorbed by the deductions referred to in this subsection.

(…)”.

Article 2.- Endorsement

This Supreme Decree is endorsed by the Minister of Economy and Finance.

Source: The Peruvian