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

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Category: Delineation - Substance over Form, Financial Transactions, Non-Recognition and Recharacterisation, Services and Fees, VAT and Customs Valuation | Tag: , , , , ,
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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 the services provided by “P Services”- According to the authorities the arrangement had been established for the purpose of avoiding VAT on the advances received for the services.

Decision of the Tax Court

The tax court issued a decision in favour of the tax authorities.

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Peru vs Taxpayer 2020_5_03052 (002)

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