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The Taxation in Peru

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Principles

In Peru, the Taxation is regulated by the principles of legality, the equality, respect to the person’s fundamental rights and the non-confiscatory taxation.

National Superintendance of Tax Administration-SUNAT

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It’s a decentralized public agency of the Economy and Finance Branch constituted under Public Law, with own assets and economic, administrative, functional, technical and financial autonomy.

Tax Regulations in Peru

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The income, the production, the consumption and the goods import are main taxable issues in Peru which together with other taxes on the money circulation and on assets are considered as the central government’s revenue and are collected by the SUNAT.

Foundation

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The advantages or disadvantages of constituting a company in Peru or establishing a branch are to be evaluated from business perspective.
In Peru, the business organization in Peru is regulated by General Law of Companies, whereby the following organizational forms are allowed:

National Superintendency of Tax Administration - SUNAT and Municipalities

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The National Superintendence of Tax Administration –SUNAT collects and administrates the Internal taxes, custom duties and other foreign trade borne charges which constitute Public Treasury revenue.

The Peruvian Taxation System

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According the provisions of the Legislative Decree 771 enacted as from the 1st January 1994, the Taxation System comprises:

I. Income Tax

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The Income Tax is an annual tax which burdens the rents that come from the capital and the work and the joint application of both factors being understood like such those that come from a source durable and susceptible to generate periodic income.

Company Foundation

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A company in Peru is founded by drafting Constitution Documents to be executed before a notary public, after such execution the company is recognized as a legal person, however, no such document is required to constitute sole proprietorship.

SUNAT - Organizational Structure

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The National Superintendance of Tax Administration-SUNAT is presided by the National Superintendent and has two Associated National Superintendences: of Internal Taxes and of Custom Duties.

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