Conversatorio: Planeamiento Tributario IGV – RENTA periodos 2025 - 2026

Name: Conversatorio: Planeamiento Tributario IGV – RENTA periodos 2025 - 2026
Uploaded: 2025-10-17T21:51:07.000Z
Duration: 1 h 54 min 14 s

Welcome and Introduction

Overview of the Event

The session welcomes Mr. Julio Pacheco and Mr. Johnny, inviting them to turn on their cameras.

The focus of the presentation is on "Planeamiento Tributario IGB renta" for the period 2025-2026, led by the National Technical Committee on Taxation and Fiscality.

Moderator's Background

Introduction of Moderator

Dr. Julio Enrique Pacheco Torres serves as the moderator; he is a certified public accountant and lawyer from San Pedro University with extensive qualifications in accounting and taxation.

He has over 25 years of professional experience in the private sector and previously served as dean of the College of Public Accountants.

Discussion Initiation

Opening Remarks by Johnny

Johnny expresses gratitude for the invitation and congratulates on the 27th anniversary of their organization, emphasizing the importance of accounting professionals in Peru.

He mentions his active involvement in academia, promoting education and tax culture within universities.

Presentation Setup

Transition to Main Topic

The discussion will center around tax planning for IGB (General Sales Tax) and income tax for 2025-2026 periods, highlighting Johnny's extensive experience in this field.

Johnny introduces himself as a public accountant with a master's degree in tax law from Catholic University, noting his ongoing studies in tax law at the same institution.

Agenda Overview

Key Topics to be Discussed

Johnny outlines several topics related to tax planning including:

New contributors classified as having operational incapacity.

A new rule regarding credit fiscal annotation that limits usage within a reduced timeframe.

Obligations concerning final beneficiary declarations due soon.

Changes in rules for recognizing first-category income set to take effect next year.

New Contributors List Update

Discussion on Operational Incapacity

On September 30th, an updated list was released adding 14 new contributors deemed without operational capacity by SAT (Tax Administration). This update is crucial for those managing taxes or compliance issues.

Understanding the Implications of New Supplier Regulations

Overview of New Supplier Designations

The discussion begins with the implications for companies purchasing from newly designated suppliers classified as lacking capacity, highlighting potential consequences for both IGB and income tax.

The legislative decree 1532, published on March 19, 2022, applies to payment receipts issued from March 20, 2022, affecting purchases made in subsequent years.

Consequences of Purchasing from Non-Capable Suppliers

Companies must review their accounting records for purchases from these new suppliers since such transactions may not be recognized as legitimate under the law.

The norm suggests that operations involving these suppliers are deemed non-realistic; they often involve fraudulent invoices or fictitious providers created solely to transfer fiscal credits or expenses.

Regulatory Framework and Compliance Options

To combat fraudulent activities, a regulatory framework was established where SUNAT evaluates a taxpayer's operational capacity—assessing assets, personnel, and physical locations.

If a company discovers it has unknowingly purchased from a supplier without operational capacity after September 30th, it can request SUNAT to conduct an audit if they acted in good faith.

Audit Procedures and Taxpayer Responsibilities

Taxpayers have two options: rectify any errors related to improper use of fiscal credits or expenses or request an audit by SUNAT. Failure to act could lead to penalties for false declarations.

A partial audit procedure exists where SUNAT can examine not only fiscal credits but also other aspects of compliance based on purchase records.

Recommendations for Businesses

Businesses are advised to conduct thorough reviews of past and future transactions with these suppliers while marking questionable invoices in their accounting systems.

The regulation states that these suppliers can only issue limited types of documents (e.g., receipts), maintaining this classification for four years.

Importance of Supplier Verification

It is recommended that businesses compile lists of their suppliers to verify their operational capabilities before making purchases.

An auditing process is necessary before qualification; thus ensuring that only capable entities are engaged in business transactions is crucial.

Discussion on Compliance Challenges

There’s acknowledgment that SUNAT does not require extensive audits to disallow fiscal credits; merely purchasing from flagged companies significantly increases risk exposure.

Clarification is sought regarding procedures following non-compliance; it appears automatic disqualification occurs unless sufficient evidence is provided by the taxpayer.

Procedures for Taxpayer Verification

Overview of Verification Process

The norm allows for both office and field verification of taxpayers, providing them the right to defend themselves against claims of lacking operational capacity.

Taxpayers are given 30 business days to contest findings that they lack assets or personnel, with an additional 5 days if needed, totaling 35 days for response.

If no response is received within this period, SUNAT has another 30 business days to issue a resolution regarding the taxpayer's status as lacking operational capacity.

Legal Recourse and Implications

Taxpayers can appeal SUNAT's decision through the Fiscal Court; however, if upheld, their status remains published as lacking operational capacity.

Clients who have purchased from these suppliers face three options: rectify tax declarations, prove good faith in transactions, or take no action (the latter being risky).

Consequences of Non-compliance

Ignoring the situation could lead to partial audits by SUNAT based on registered invoices from suppliers deemed without operational capacity.

Companies must analyze their purchases from such suppliers carefully due to potential complications arising from non-compliance.

Risk Factors and Criminal Liability

Engaging with suppliers already classified as lacking operational capacity may escalate risks related to tax crimes.

The responsibility lies with SUNAT to initiate processes if there are indications of tax fraud based on supplier transactions.

Retroactivity and Compliance Considerations

Issues arise when purchases were made before a supplier was classified as lacking operational capacity; retroactive application of norms complicates matters.

Continuous updates on supplier statuses are crucial; companies should regularly verify their suppliers' compliance capabilities.

Recommendations for Businesses

Businesses should conduct thorough reviews of past transactions with suppliers who may be at risk of being classified as lacking operational capability.

Regularly check updated lists provided by SUNAT regarding supplier statuses to mitigate risks associated with future purchases.

Economic Formalization in Peru

The Role of Companies in Lima vs. Provinces

Companies based in Lima are often more formal and influential, while provincial companies primarily facilitate purchases for Lima-based firms.

Over 70% of the Peruvian economy operates informally, highlighting a significant challenge for economic formalization.

Challenges Faced by Suppliers

Major companies like Gloria and Alicor impose strict requirements on suppliers, which can hinder smaller businesses from becoming formalized.

These requirements extend beyond just being a supplier; they also affect potential customers, creating barriers to entry for many businesses.

Assessing Supplier Viability

To evaluate if a supplier may have operational issues, one can check their status on SUNAT (National Superintendency of Tax Administration) for debts or lack of personnel as indicators.

Information regarding a supplier's operational capacity is publicly accessible through the RUC (Unique Taxpayer Registry). This includes checking for any outstanding debts or employee counts that could signal financial instability.

Discussion on Retroactivity in Regulations

Lucy raises concerns about the fairness of retroactive regulations, suggesting it is unreasonable to expect businesses to predict future changes accurately. This topic presents an opportunity for academic exploration regarding its implications.

Julio notes that while current regulations may seem clear, historical trends indicate that tax laws evolve over time and may change again in the future. Understanding this evolution is crucial for compliance planning.

Future Implications of Credit Regulations

The discussion highlights upcoming changes to credit regulations where businesses will need to utilize credits within specific timeframes after issuance rather than having extended periods as previously allowed. This shift requires careful internal monitoring by companies to ensure compliance with new rules once implemented.

There are exceptions noted for physical invoices under certain conditions, but these should not lead businesses to become complacent about upcoming regulatory changes that could impact their operations significantly once enacted.

Discussion on Service Waste and Regulatory Compliance

Concerns Regarding Service Waste Management

The speaker expresses uncertainty about the current status of service waste management, questioning whether electronic records now include sections for service receipts as per regulations.

Emphasizes the need to prepare for upcoming regulatory changes, noting that deadlines are tight and may pose challenges for compliance.

Impact of Economic Conditions on Credit Operations

Discusses experiences in the fishing sector where economic crises affect credit operations, leading to significant unpaid debts exceeding $1.5 million.

Highlights a specific case where a client lost access to tax credits due to delays in payment caused by financial difficulties, resulting in a loss of approximately $250,000.

Legislative Challenges and Future Implications

The speaker believes that current legislative measures regarding credit usage are impractical and may require future modifications due to operational realities.

Raises concerns about potential filters being implemented by tax authorities that could restrict acceptance of invoices from previous months once new regulations take effect.

Tax Credit Regulations and Their Effects

Historical Context of Tax Credits

Reflecting on past discussions about tax credits, the speaker notes inconsistencies in how they were applied when purchase records weren't legalized.

Argues that denying tax credits based on technicalities is unjust since it ultimately affects taxpayers' ability to contribute financially.

Upcoming Tax Deduction Requirements

Introduces topics related to income tax deductions, emphasizing requirements for deductibility concerning inventory losses before year-end deadlines.

Procedures for Inventory Loss Deductions

Outlines necessary steps for claiming deductions on damaged goods, including timely communication with tax authorities (SUNAT).

Notes recent changes allowing quicker notification processes (now two business days), which streamline compliance efforts.

Documentation Requirements for Inventory Losses

Clarifies that if inventory costs exceed certain thresholds (10 UIT), formal destruction reports must be submitted alongside notifications to SUNAT.

Mentions the transition from traditional written communications to digital submissions via "Clave Sol," enhancing efficiency in reporting procedures.

Understanding Tax Deductions for Inventory and Doubtful Debts

Tax Deductibility of Inventory Losses

The speaker discusses the timing of recognizing inventory losses for accounting purposes, emphasizing that if a loss occurs in January of the following year, it cannot be deducted in the current year's taxes.

To ensure deductibility for damaged goods, businesses must meet tax requirements by December 31st of the current year.

Doubtful Debt Collection

The discussion shifts to doubtful debts, highlighting that debts owed by related parties or secured debts are not recognized as doubtful for tax deductions.

For a debt to qualify as deductible under doubtful collections, it must be overdue and demonstrate financial difficulties or delinquency through proper documentation.

Recommendations for Year-End Accounting

Businesses should ensure compliance with tax regulations regarding collection efforts and delinquency before year-end to maximize deductions this fiscal year.

If requirements are met after December 31st, deductions will only apply in the next fiscal year, creating potential temporary differences in accounting.

Importance of Financial Planning

The speaker emphasizes two key areas: managing inventory effectively and addressing doubtful debts as part of strategic tax planning.

A proactive approach is encouraged where accountants regularly review financial statements to identify potential tax shields from inventory losses or uncollectible accounts.

Utilizing Tax Credits Effectively

The conversation highlights the importance of utilizing available credits against income taxes rather than letting them accumulate without action.

Accountants are urged to consider compensation strategies when dealing with outstanding taxes instead of direct payments, which can optimize cash flow management.

Tax Obligations and Compliance Insights

Retentions and Prescriptions

Discusses the importance of monitoring retention or perception balances that accumulate monthly, emphasizing their potential to prescribe over time.

Highlights the need for businesses to consider suspending or modifying their advance payments from September to December, especially if they have incurred losses.

Payment Adjustments and Tax Planning

Suggests that companies with tax losses in 2025 can suspend or adjust their advance payments based on their income coefficients.

Recommends conducting a DJ (declaration of income) by October 14 to assess potential tax liabilities for MIPEES (Micro and Small Enterprises).

New Reporting Obligations

Introduces a new obligation for companies with revenues exceeding 100 UITS to declare their final beneficiaries, as mandated by SUNAT's resolution from May this year.

Explains how different types of corporate structures determine who qualifies as a final beneficiary, using examples of IRLs and corporations.

Identification of Final Beneficiaries

Clarifies that if an individual holds more than 10% ownership in a company, they must be identified as a final beneficiary.

Stresses the importance of maintaining proper documentation for due diligence in identifying beneficiaries, noting penalties for non-compliance.

Special Cases: Cooperatives and Large Membership

Addresses questions regarding cooperatives with many members, indicating that identification depends on ownership percentages above 10%.

Advises reviewing regulations concerning cooperative members' stakes when determining final beneficiaries.

Changes in Tax Recognition Criteria

Concludes with reminders about ongoing changes in tax rules, particularly regarding first-category income recognition based on accrual accounting.

Tax Implications of Rental Income

Changes in Tax Regulations for Rental Income

Don Ramón's failure to pay rent affects Señor Barriga, who must still pay a 5% income tax based on the accrual principle.

Starting January 1st of the following year, the tax payment responsibility shifts to when Don Ramón actually pays his rent, meaning no tax obligation if he never pays.

Documentation Requirements for Businesses

Companies renting to individuals must obtain a rental receipt (form 1683) as proof of payment to avoid future issues with tax deductions.

If a rental contract exists but payments are made late (e.g., all in January 2026 for a contract starting in January 2025), there is debate about whether these expenses can be deducted.

Deductibility of Late Payments

The speaker believes that late payments could still be deductible if proper documentation is provided, even after the annual declaration deadline.

There are conflicting opinions regarding deductibility; some argue that receipts must be obtained by the annual declaration due date.

Legal Perspectives and Tax Authority Stance

A Supreme Court ruling suggests that having proof of payment is crucial during audits by SUNAT (the Peruvian tax authority).

Despite potential challenges from auditors regarding late receipts, there may be legal defenses available.

Critique of Current Tax Policies

The speaker expresses dissatisfaction with recent changes favoring capital income over labor income, highlighting lower rates for capital gains compared to labor taxes.

New rules under consideration may complicate taxation further; only certain types of income will follow different principles moving forward.

Future Considerations in Tax Legislation

Ongoing discussions about potential reforms indicate uncertainty about future tax regimes and their implications for taxpayers.

Legislative delegation requests often lead to unfavorable outcomes for citizens, raising concerns about transparency and fairness in upcoming policies.

Taxation and Its Impact on the Public

The Burden of Consumption Taxes

The speaker discusses how the public ultimately bears the burden of taxation, questioning why legislation does not reflect the will of the people.

It is noted that in 2022, consumption taxes (IGB) generated more revenue than income taxes, highlighting a disparity in tax structures.

Individuals who are formally employed often bear the brunt of these consumption taxes, as they are consistently taxed through their earnings.

The speaker emphasizes that while lawmakers may impose new taxes like IGB on digital services, it is ordinary citizens who end up paying these costs.

Tax Evasion and Compliance Issues

A question arises regarding whether certain types of income can be reclassified for tax purposes, leading to discussions about tax evasion and compliance.

The distinction between legitimate employment classifications and those used to evade taxes is highlighted; misclassification can lead to legal issues.

The conversation touches upon different forms of tax avoidance versus outright evasion, with emphasis on legal implications.

International Tax Reporting Obligations

A query about country-by-country reporting under Action 13 reveals its role in identifying ultimate beneficiaries within multinational structures.

The speaker clarifies that this reporting primarily addresses intercompany transactions rather than directly identifying final beneficiaries.

Rental Income Taxation Clarifications

A question about rental contracts and tax obligations leads to clarification that landlords are not liable for taxes if tenants do not pay rent in a given year despite having a contract.

Closing Remarks

The session concludes with expressions of gratitude towards participants for their insights and contributions.