🔴Conferencia: el futuro de la fiscalidad internacional en el Perú | En Vivo

Name: 🔴Conferencia: el futuro de la fiscalidad internacional en el Perú | En Vivo
Uploaded: 2025-03-27T13:45:26.000Z
Duration: 3 h 30 min 52 s

18th General Assembly Invitation

Overview of the Event

The 18th General Assembly at the Faculty of Accounting Sciences, National University of San Marcos, is introduced as a significant event focusing on "Artificial Intelligence and New Trends in Higher Education."

The assembly will address key topics for the future of accounting and administrative sciences through master conferences, doctoral colloquiums, and a Latin American entrepreneurship contest.

Event Details

Scheduled to take place at Hotel José Antonio Deux in Miraflores, Lima, the venue is conveniently located near major attractions and the international airport.

Participants are encouraged to register at alfcperu.com to secure their spot for this international gathering where ideas will be transformed into action.

Future of International Taxation in Peru

Introduction to Conference Topics

The conference organized by Sapiente Primum features experts discussing international taxation's future in Peru amidst global standards set by OECD's BEPS action plan.

Key Speakers and Their Expertise

Dr. Fernando Serrano will discuss advancements in digital economy taxation; he holds extensive credentials in financial law from Complutense University of Madrid.

Following him, Dr. Fredy Richard Yaque Sánchez will present on Peruvian experiences regarding tax issues with over 30 years of expertise in international taxation.

Additional Presentations

Dr. Nancy Aguirre will share insights on Peru's experience with international tax disputes post-BEPS implementation.

Lastly, Dr. Evely Katia Vázquez Tarazona will discuss implications of international cooperation proposed by OECD and UN regarding taxation matters.

Acknowledgments

Closing Remarks

The Future of International Taxation in Peru

Introduction and Acknowledgments

The speaker expresses gratitude to the Universidad de Cana de América and Universidad Nacional de San Marcos for the invitation, emphasizing the honor of being present.

The speaker plans to address three topics as per Professor Masuda's invitation, while also acknowledging esteemed colleagues present at the event.

Current Trends in International Taxation

The title "The Future of International Taxation in Peru" is noted as suggestive; however, the speaker admits uncertainty about predicting future trends.

The discussion is divided into two parts: international taxation trends affecting Peru and how Peru influences international taxation.

Influence of Global Standards on Peruvian Taxation

Peru has applied for OECD membership, which entails commitments to modify its internal tax regulations to align with international standards.

Progress has been made over recent years towards adopting necessary international standards, although some obligations remain unfulfilled.

Recent Developments in Peruvian Tax Agreements

Notable advancements include signing international agreements with countries like France and the UK, pending congressional approval.

Historical context provided regarding previous agreements signed by Peru from 2004 onwards, indicating a pattern of engagement with global tax frameworks.

Changes in Global Fiscal Landscape

Significant changes have occurred since the last visit to San Marcos University; new multilateral instruments are emerging that could reshape fiscal policies globally.

The United Nations is positioning itself as a new player aiming to establish an alternative framework for international taxation amidst evolving geopolitical dynamics.

Impact of Digital Economy on Taxation

The emergence of digital nomadism and remote work challenges traditional taxation models that were primarily based on physical presence.

There’s a shift towards recognizing virtual business operations as central rather than physical ones, necessitating updates in tax criteria.

Challenges Ahead for Peruvian International Tax Policy

While there have been improvements in addressing conflicts related to digital economy taxation, further efforts are needed for comprehensive solutions.

Peru aims to become a logistical hub in the Pacific region, influencing its approach toward aligning with OECD standards and enhancing its international tax agreements.

Digital Business Taxation Challenges

Overview of Digital Business Taxation

The emergence of new business models has prompted tax administrations to explore various taxation methods for digital businesses, particularly in Europe.

A proposal for a digital permanent establishment was introduced in Europe, targeting highly digitalized companies that provide services and goods online.

Competition and Taxation Issues

The lack of taxation on revenues from digital sales creates unfair competition against traditional physical businesses.

Initial proposals regarding the concept of virtual establishments were abandoned; recent developments indicate a shift away from collaborative solutions like the two-pillar approach.

European Union's Response

The EU has implemented a directive on global minimum taxation (Pillar Two), ensuring at least 15% tax on income regardless of production location.

Despite claims that the two-pillar solution is ineffective, it remains active within the EU framework, with many countries adopting additional taxes on digital services.

Digital Services Taxes and International Relations

Countries like Spain, France, and the UK have enacted taxes on digital service provisions, typically around 3% of sales value.

These taxes have led to trade tensions with the U.S., resulting in tariffs imposed on certain European products as retaliation.

Future Directions and Alternatives

Ongoing discussions suggest exploring VAT solutions for digitally provided goods and services due to complexities surrounding current digital service taxes.

Economic Trends and Digital Taxation in Peru

Current Economic Landscape in the EU

The European Union is undergoing significant changes, focusing on simplification of regulations and reduction of bureaucracy as part of a three-pillar strategy.

Discussions are shifting from environmental concerns to decarbonization and clean industrial agreements, indicating a broader focus on sustainable economic practices.

Delays in implementing ESG reporting directives have highlighted the need for the EU to enhance its competitive stance globally.

Insights into Peru's Digital Economy

The speaker reflects on Peru's experience with digital taxation, noting that the country was initially unfamiliar with the concept of a digital economy.

Understanding of digital economy dynamics improved following OECD Action 1, which emphasized how technology transforms various sectors.

Challenges in Regulating Digital Transactions

The rise of low-value imports post-pandemic has necessitated regulatory adjustments due to outdated thresholds that do not align with current market realities.

There is an urgent need for regulation to prevent unfair advantages for businesses operating without physical presence in Peru compared to local companies burdened by taxes.

Impact of Global Platforms on Local Businesses

Foreign platforms like Uber create competitive disadvantages for local taxi services that must comply with tax obligations while foreign entities may evade them.

This disparity raises questions about fairness and sustainability within the local economy as it affects consumer choices and business viability.

Disruption by New Business Models

Platforms such as Airbnb disrupt traditional hospitality models, leading to reduced revenues for hotels and potential tax losses for governments.

Streaming services have replaced traditional cable TV, showcasing a shift in consumer behavior that impacts revenue streams for conventional media providers.

Complexity of Modern Taxation Issues

The emergence of intangible assets (like software and data rights), complicates traditional taxation frameworks which were designed around tangible goods.

Consumers benefit from diverse options but face challenges regarding accountability and taxation associated with these new business models.

Concerns About Traditional Sellers and Digital Economy

Protecting Traditional Sellers

The speaker expresses concern about the protection of traditional sellers in light of advantages given to foreign sellers who do not contribute to local taxes or responsibilities.

Questions arise regarding the fairness of allowing foreign entities to operate without contributing to the local economy, emphasizing a lack of neutrality in current tax systems.

Impact on Education and Consumption

The rise of e-learning platforms is noted, with the speaker admitting personal enjoyment but highlighting a shift away from traditional educational institutions due to changes in consumption patterns.

The discussion includes how digital influencers monetize their content, raising questions about taxation responsibilities for these new economic models.

Risks and Responsibilities in Digital Economy

Acknowledgment that while digital economies improve quality of life, they also pose risks to traditional business models and fiscal policies.

Reference to international initiatives (Pillar One and Pillar Two), indicating Peru's commitment to addressing these challenges through policy decisions.

Complexity of New Business Models

The need for careful evaluation of intangible assets and virtual presence is emphasized as businesses adapt quickly for tax purposes.

Historical context provided: existing tax laws were designed decades ago without foresight into today's complex digital economy.

Legislative Challenges

Discussion on how past legislation could not predict future economic developments like pandemics that accelerated digital consumption.

Critique of international tax architecture which was established before many modern economic realities emerged, leading to aggressive tax avoidance strategies.

Corporate Responsibility and Taxation

Concerns raised about corporate citizenship responsibilities being neglected due to managerial decisions focused on minimizing tax burdens.

Emphasis on the need for countries like Peru to prioritize studying new fiscal policies despite a perceived lack of urgency.

Evolution of Taxation Models in Peru

Reflection on past efforts since 2012 towards adapting taxation frameworks for the digital economy, noting legislative amnesia post-enactment.

Mentioned attempts by Peru’s Ministry of Economy since 2003 to regulate digital services under income tax laws, albeit with limitations.

Current State and Future Directions

Overview that while some protections exist for B2B transactions, B2C sectors still face challenges due to differential treatment in taxation.

Taxation of the Digital Economy in Peru

Overview of Tax Policies

Discussion on tariffs and their application to various sectors, highlighting that while tariffs are imposed universally, the use of non-resident IGV (General Sales Tax) is insufficient but provides some assistance.

Challenges with administrative processes regarding tax payments; individuals express reluctance to engage directly with banks for monthly IGV payments unless a more manageable system is implemented.

Implementation of New Tax Measures

Introduction of Netflix tax in Peru as a significant step forward, operational since December last year, yielding initial positive results.

Reflection on Peru's previous proposals from 2016 that were not prioritized; Chile was noted as the first country in the region to adopt similar measures.

Ongoing Challenges and Future Directions

Emphasis on the need for further development in Peruvian tax policy, particularly concerning territorial definitions and consumption locations; highlights the importance of reliable information reporting from companies.

Mention of Legislative Decree 623 which mandates digital platforms to pay IGV as a progressive step, yet acknowledges that much work remains.

Regional Considerations and Adaptations

Suggestion that Peru must develop its own solutions rather than relying on imports due to changing international dynamics, especially following the U.S. withdrawal from Pillar Two discussions.

Encouragement for researchers to explore current issues related to digital taxation as they involve multiple decisions and objectives without perfect solutions.

Perspectives on International Cooperation

Acknowledgment that while European models provide reference points, Latin American countries should consider tailored solutions reflecting their unique realities.

Agreement among participants about the lack of perfect solutions; emphasis on fairness in taxing digital economies rather than hindering growth.

The Need for Comprehensive Solutions

Recognition that joining OECD entails commitments including resolving digital economy taxation issues; stresses justice in taxation practices.

Discussion around potential harmonization or convergence towards effective solutions amidst unilateralism trends observed recently.

Conflict Resolution in International Taxation

Understanding International Tax Conflicts

Complexity of Tax Jurisdictions

The discussion highlights the complexity of global tax jurisdictions, emphasizing diverse interpretations and applications of tax norms in Peru.

There is a growing tension between fiscal authorities and taxpayers, as both parties seek to optimize tax collection and minimize liabilities, respectively.

This situation can lead to unintended double taxation, contrary to international agreements aimed at preventing such occurrences.

Conflict Resolution Methods

Article 25 of the OECD Model Convention outlines general conflict resolution methods, advocating for negotiations between tax administrations without necessarily reaching a resolution.

The introduction of effective conflict resolution methods aims to provide legal certainty for taxpayers amidst rising challenges in combating tax evasion.

Role of Arbitration

The speaker notes that arbitration is often viewed unfavorably in Peru and other Latin American countries due to concerns over national sovereignty.

Currently, none of Peru's signed agreements incorporate arbitration mechanisms, leading to partial resolutions in fiscal conflicts.

Trends in Conflict Resolution

Recent trends show an increased interest in resolving fiscal conflicts efficiently; however, clear alternatives are still lacking.

The two-pillar solution framework aims to enhance legal certainty for taxpayers through improved conflict resolution strategies.

Prevention Strategies

Peru lacks formal procedures for amicable dispute resolution, which undermines compliance with international standards it has committed to uphold.

As Peru seeks greater internationalization through various initiatives, there is a need for proactive measures like prior valuation agreements and cooperative relationships with taxpayers.

Cooperative Fiscal Procedures

Preventive measures include simultaneous audits with other tax administrations (e.g., Chilean or Colombian), which could mitigate potential conflicts before they arise.

Business Models and Tax Administration Adaptation

Shifting Business Models

The traditional business model is being disrupted, necessitating tax administrations to adapt to new realities.

There is a growing emphasis on 360 strategies that focus not just on verification but also on preventing conflicts through cooperative relationships.

Conflict Prevention Strategies

Large companies receive individualized treatment from tax authorities to avoid conflicts, promoting transparency in taxpayer-administration relations.

The European Union has adopted directives for resolving international tax disputes, emphasizing prevention and arbitration as key strategies.

Challenges in Digital Economy

No universal solutions exist for resolving international tax disputes or addressing challenges posed by the digital economy; countries must develop their own models.

High levels of litigation between taxpayers and tax authorities lead to significant losses in revenue for administrations and prolonged conflicts for taxpayers.

Efficient Resolution Procedures

Identifying Conflict Areas

Increasing focus on efficient resolution procedures aims at timely conflict resolution and identifying high-conflict areas such as transfer pricing and permanent establishment issues.

Transitioning to Cooperative Approaches

The discussion transitions to Professor Aguirre, who will elaborate on Peru's current situation regarding these topics.

Peru's International Tax Landscape

Importance of International Cooperation

Cross-border operations often lead to conflicts over double taxation agreements (DTAs), highlighting the need for competent authority resolutions.

Mutual Agreement Procedures (MAP)

Peru follows OECD guidelines with its Mutual Agreement Procedure (MAP), which facilitates dispute resolution among countries.

Peru's Commitment to Global Standards

Adherence to BEPS Framework

Despite not being an OECD member, Peru engaged with the Inclusive Framework on Base Erosion and Profit Shifting (BEPS), committing to minimum standards across various actions related to taxation.

Monitoring Compliance with Standards

The OECD monitors compliance with minimum standards, ensuring that countries like Peru implement necessary legal frameworks effectively.

International Tax Agreements and Peru's Progress

Overview of Peru's International Tax Treaties

Over the past 20 years, Peru has signed only 10 Double Taxation Agreements (CDIs), contrasting sharply with Spain, which has nearly 100.

Recent agreements include a treaty with the United Kingdom finalized on March 13 and ongoing negotiations with France, Spain, and China.

OECD Monitoring and Compliance

The OECD conducted a simplified review of Peru, indicating limited compliance in international tax standards.

The Peruvian Congress approved the Multilateral Convention (Action 15 of BEPS), pending ratification by the President to take effect in the next fiscal year.

Friendly Procedures and Dispute Resolution

Peru has published guidelines for friendly procedures on its SUNAT website; however, its experience in resolving disputes is still limited.

Only seven controversies have been identified by the OECD review, primarily related to transfer pricing.

Legislative Gaps and Recommendations

Current legislation lacks mandatory provisions for states to resolve disputes; it only suggests that they may agree.

SUNAT has established a dedicated area for negotiating friendly procedures but requires legislative modifications to enhance effectiveness.

Proposed Changes to Tax Code

Suggested amendments include changes to Article 11 of the preliminary title of the tax code to incorporate friendly procedure participants into compliance measures.

Emphasis on modifying Article 85 regarding tax confidentiality is crucial for information exchange during dispute resolution processes.

Need for Regulatory Framework

A comprehensive regulatory framework is necessary from initiation through implementation of friendly procedures to ensure clarity for taxpayers.

Controversies in International Taxation and Arbitration

Overview of Transfer Pricing Issues

The speaker emphasizes the significance of transfer pricing as a major issue within international taxation, noting that there are not many conflicts reported in this area according to OECD statistics.

Action 14 of the BEPS project does not mandate arbitration as a minimum standard, which poses challenges for countries like Peru and other Latin American nations regarding tax arbitration.

Challenges with Arbitration in Latin America

The speaker highlights the lack of engagement with tax arbitration in Peru and other Latin American countries, indicating it as a significant challenge that needs addressing.

Acknowledgment is made about the traditional litigation system being ineffective; it is lengthy and lacks specialized knowledge in tax matters due to no dedicated tax courts.

Alternative Dispute Resolution Methods

The discussion suggests that amicable procedures should be integrated into litigation strategies, especially for international disputes, allowing taxpayers to seek resolution without solely relying on traditional methods.

It is noted that amicable procedures can run parallel to review processes, providing flexibility for taxpayers who may initiate both simultaneously.

Inter-Governmental Conflicts

The speaker points out that many disputes arise between different tax administrations rather than just between taxpayers and their respective authorities. Amicable procedures are essential for resolving these inter-governmental issues.

There is an observation that tax administrations often prefer avoiding arbitration due to fear of losing control over conflict resolutions.

Effectiveness of Arbitration

Despite reluctance from tax administrations towards arbitration, it serves as a deterrent against poor agreements by encouraging negotiations before involving third-party arbitrators.

The speaker notes that recent trends show increased willingness among administrations to reach agreements when faced with potential arbitration outcomes.

Barriers to Amicable Procedures in Peru

A lack of awareness about amicable procedures contributes to their underutilization in Peru; more discussions like this could stimulate interest among professionals.

The limited network of treaties impacts the effectiveness of amicable procedures; however, expanding this network could lead to more successful resolutions over time.

Conclusion on Conflict Resolution Timelines

Cooperation Between OECD and UN: A New Era?

Introduction to the Discussion

The speaker reflects on the significance of a recent event, indicating that 13 months is a short time for meaningful change.

The topic shifts to international cooperation between the OECD and the UN, likening their relationship to iconic monsters from film, suggesting a complex dynamic.

Historical Context of OECD

The OECD has been involved in international taxation studies for over 100 years, tracing its roots back to a pre-war model established in 1925.

This historical foundation gives the OECD substantial expertise and resources compared to other organizations like the UN.

Emergence of New Players

Despite its longstanding role, the UN has also engaged in international tax discussions but lacks the same level of resources as the OECD.

Anecdotes are shared about past experiences at meetings where representatives from various countries convened due to limited resources available to them.

Legitimacy and Participation

The OECD's legitimacy stems from its extensive participation by numerous countries, increasing from 40 to 143 members.

There is an emphasis on "equal footing," allowing all member states equal participation rights despite disparities in resources or influence.

Challenges Faced by Emerging Nations

Representatives from developing nations express feelings of being unheard during discussions dominated by wealthier nations.

A Bolivian representative shares personal experiences highlighting language barriers and feelings of inadequacy when presenting against more fluent speakers.

Call for Change

New Tax Justice: A More Inclusive Approach?

The Need for Inclusivity in Taxation

The speaker discusses the concept of a new tax justice system that is more inclusive, considering the opinions of all countries, not just wealthier nations or those proficient in English.

Emphasizes breaking the status quo by advocating for input from developing countries, highlighting this as a significant challenge.

Challenges Faced at the United Nations

The UN has initiated a resolution to launch a new international fiscal framework but faces procedural challenges regarding voting methods.

Voting appears straightforward (one country, one vote), yet consensus-based decision-making complicates matters when some countries feel unrecognized.

Voting Dynamics and Resistance

African nations insist on a "one country, one vote" approach against developed nations' preference for consensus, leading to tensions during initial votes.

In early voting scenarios, developed countries opposed this method while many African and Latin American nations supported it.

Implementation Issues Post-Vote

Concerns arise about how measures will be implemented if certain countries voted against them; motivation to enforce such decisions may be lacking.

The European Union abstained from key votes alongside other Anglo-Saxon nations, indicating divisions in support for governance norms.

Identifying Key Issues in International Taxation

As discussions progress towards establishing agreements on international taxation issues, two main topics have emerged: cross-border service taxation and conflict resolution in international tax disputes.

Initial protocols focus on taxing cross-border services based on source jurisdiction versus residence jurisdiction principles.

Addressing Ultra-Rich Taxation and Illicit Flows

Discussion includes addressing taxation of ultra-rich individuals—those with substantial wealth—and their capital income being less taxed than labor income.

Another critical area involves illicit financial flows; reform efforts aim to better regulate these areas despite inherent challenges due to their illegal nature.

Vatican's Role in Reforming Fiscal Systems

Recently, the Vatican has entered discussions advocating for systemic reforms in global tax systems to address inequalities created by current structures.

International Taxation and Organizations

Current Landscape of International Organizations

A summary of the current situation regarding international organizations, particularly focusing on tax administrations represented in entities like the OECD and the United Nations.

Mention of emerging organizations such as ATAF (African Tax Administration Forum) and CIAT (Inter-American Center of Tax Administrations), which are gaining prominence in tax documentation.

Understanding Tax Authority

Introduction to key concepts discussed in class, including non-resident taxation and source-based taxation.

Explanation of how states design fiscal policies to determine who is taxed and how, emphasizing the importance of domicile for tax obligations.

Domicile and Taxation

Clarification that individuals domiciled within a country are subject to taxation on global income, while residents are taxed on domestic income.

Discussion about criteria for determining domicile, including nationality or permanence.

Double Taxation Issues

Overview of challenges faced by individuals working abroad who may be taxed by both their home country and the host country.

Introduction to double taxation agreements aimed at alleviating issues where individuals face dual tax liabilities.

Models of Double Taxation Agreements

Explanation that countries establish models for double taxation agreements primarily to mitigate double taxation concerns.

The OECD model emphasizes residence-based taxation, while the UN model focuses more on source-based taxation principles.

Concerns from Developing Countries

Discussion on how developing countries feel marginalized in global tax discussions, often dominated by wealthier nations within the OECD framework.

Highlighting that smaller countries risk losing revenue when entering into tax treaties with wealthier nations due to unequal bargaining power.

Actions Against Revenue Loss

Fiscal Policy and International Taxation

OECD Recommendations for Fiscal Improvement

The OECD emphasizes the importance of rich countries receiving expert recommendations to enhance tax collection and combat tax evasion.

Countries are committed to integrating these recommendations into their fiscal policies, reflecting a collaborative approach to improving tax systems.

Action Against Base Erosion

One key action (Action 6) aims to address "treaty shopping," where entities exploit international agreements for tax benefits.

The process involves assessing whether two countries have a treaty before imposing taxes, ensuring compliance with international agreements.

Treaties and Information Exchange

New treaties not only mitigate double taxation but also help in combating base erosion by identifying misuse of treaty benefits.

Peru lacks an extensive network of treaties but has provisions for information exchange, enhancing its ability to monitor tax compliance.

Transparency and Regulatory Capacity

The adherence to mutual administrative assistance conventions allows Peru broader access for information exchange beyond existing treaties.

Jurisprudence serves as a measure of regulatory effectiveness, indicating how well tax administrations adhere to laws and manage conflicts.

Challenges in Transfer Pricing

Common conflict areas include transfer pricing and royalties due to complexities in selecting comparables during audits.

Effective control measures by the tax administration have yielded positive results despite challenges in legislation regarding instrumental societies.

Importance of Information Exchange

Information exchange has revealed instances where Peruvian companies engaged with shell companies abroad, highlighting the need for robust monitoring mechanisms.

Discussion on Information Exchange and Tax Administration

Challenges in Auditing and Information Management

The number of auditors is limited, leading to challenges in managing numerous cases effectively. This issue was highlighted during a forum analysis.

There are generational gaps in knowledge among officials, with some lacking understanding of key topics related to administrative tasks.

Despite attempts at information exchange, results have been disappointing; the tribunal indicated that issues arose from the evaluation of evidence.

For emerging countries like Peru, information exchange is crucial but must be handled delicately to ensure compliance with procedures.

The information received by tax administration is valuable for control efforts, emphasizing its importance in effective governance.

Insights on International Organizations and Participation

Fernando emphasizes the opportunity for academics to participate in UN meetings, encouraging engagement from interested individuals.

The UN seeks experts in taxation, particularly women, highlighting an initiative to diversify expertise within international organizations.

The U.S. withdrawal from OECD has financial implications for the UN budget, reducing available resources significantly.

Concerns arise regarding external influences on negotiations for new international tax frameworks due to funding dependencies on certain organizations.

A contradiction exists where countries engage with both OECD and UN simultaneously, creating confusion about their fiscal positions.

Complexity of Global Fiscal Policies

The dual participation of countries in OECD and UN leads to conflicting interests and complicates global fiscal discussions.

Various NGOs and interest groups attempt to influence UN operations, adding layers of complexity to international negotiations.

Peru's sovereignty is emphasized as it navigates its international tax policies amidst these complexities; decisions must align with national interests.

Future Considerations for Young Professionals

There’s a call for increased awareness and participation among young professionals regarding evolving fiscal landscapes influenced by technology and governance challenges.

Seminar Highlights and Acknowledgments

Introduction and Context

The speaker mentions a colleague, indicating a need to accelerate the proceedings of the seminar.

Acknowledgment of Contributions

Dr. Ramón expresses gratitude towards Dr. Fernando Serrano for his participation in the seminar, highlighting its interesting nature.

The students from the Faculty of Informatics recorded the talk and broadcasted it through their accounting television network.

Access to Seminar Content

An announcement is made regarding providing access or links to the recorded video of the seminar.

Presentation of Diplomas

The speaker proceeds to present a diploma to Dr. Fernando Serrano, thanking him for his ongoing support.