Countries: Peru

Peru vs Colegio de Abogados de La Libertad, September 2020, Constitutional Court, Case No 556/2020

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In February 2019, Colegio de Abogados de La Libertad (CALL) in Peru filed an appeal before the Constitutional Court claiming that tax debts of at least 9 billion soles (USD 2,5 billions) owed by 158 large companies could not be collected by the tax authorities (SUNAT) due to the statute of limitation in Legislative Decree […]

Peru vs. “TELE SA”, July 2020, Tax Court, Case No 03306-9-2020

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“TELE SA” had applied a 15% withholding tax rate to lease payments for telecommunications equipment purportedly provided by a Chilean company that had been established by the Mexican parent of the “TELE” group. TELE SA claimed the payments qualified as royalties under Article 12 of the Peru-Chile double tax treaty. The Peruvian Tax Authority found […]

Peru vs. “P Services”, July 2020, Tax Court, Case No 03052-5-2020

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“P Services! provided services to a Peruvian consortium. In 2014, the parties entered into an interest-free loan agreement. According to the loan agreement, payment for the services performed in 2013 was going to be offset against the funds received under the agreement. The tax authorities found that the “loan arrangement”, in reality constituted advances for […]

Peru vs. Telefonica, July 2019, Supreme Court, Case No 11111-2016, Lima

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Telef├│nica brought before the Supreme Court of Peru the following issues related to a long lasting dispute with SUNAT – the Peruvian tax authorities: 1: Financial Charges – Carve Out 2: Withdrawal of assets of majority shareholder Telef├│nica del Per├║ S.A.A. 3: Depreciation of fixed assets transferred 4: Tax deduction for “Overhead” 5: Provision for […]

Peru vs “Doc Request SA”, October 2017, Tax Court, Case No 5521-2017

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During an audit for the FY 2010 “Doc Request SA” was requested to submit information and supporting documentation on expense accounts, acquisitions of goods and services, ISC commission accounts paid etc. after the ordinary one-year audit period established by Article 62┬║-A of the Tax Code had already expired. The taxpayer filed a complaint arguing that […]

Peru vs “Copper Corporation S.A.”, July 2011, Tax Tribunal, Case No 12609-8-2011

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“Copper Corporation S.A.” had deducted intra-group service payments in it’s taxable income. The Peruvian tax authorities determined that the documentation provided by the company did not sufficiently support the actual provision of these services. Hence, tax deductions for the expenses was denied. The case was taken to the Tax Court The court dismissed the appeal […]