New Regulation for Specific Sectors
The recent amendment to Law 31903, which promotes the release of deduction account funds to strengthen the MSE financial capacity, introduced by Law 32187, Public Sector Indebtedness Law for the fiscal year 2025, published on December 11, 2024, establishes significant amendments in the management of deduction accounts for specific MSE sectors. This update is relevant for business owners and accountants.
Who Is Affected? Main Amendments in the Deduction Handling for Certain MSEs
The most relevant amendment specifically affects MSEs operating in three strategic sectors: Minerals, inorganic chemicals, and precious metals.
This recent amendment regulates that the SUNAT (Superintendencia Nacional de Aduanas y Administración Tributaria – National Superintendence of Customs and Tax Administration) will not be able to automatically transfer the balances of the funds in the MSE’s deduction accounts related to the above sectors to cover tax debts, which is established in the last paragraph of Article 4 of the referred Law 32187.
The measure principally focuses on strengthening the liquidity capacity of these companies to concentrate their shares on investing in their productive and operating activities.
Thus, the regulation excludes from the benefit of free disposal to companies operating with goods included in chapters 26 (metalliferous minerals, slag, and ashes), 28 (inorganic chemical products, inorganic or organic compounds of precious metals, radioactive elements, rare earth metals, or isotopes), and 71 (fine pearls (natural or cultured), precious or semiprecious stones, precious metals, precious metal plates, articles thereof, imitation jewelry, and coins) of the Customs Tariff. This restriction applies for both own transformation and services to third parties.
The following chart shows the amendments to Law 31903:
| Previous Rule | Amended Rule |
| Article 4 allowed the ex officio transfer of funds from the deduction accounts to pay MSE tax debts. | Article 4 allows the ex officio transfer of funds from deduction accounts to pay tax debts administered or collected by the entity but excludes MSEs operating with goods included in chapters 26, 28, and 71 of the Customs Tariff (metalliferous minerals, chemical products, precious stones, etc.). |
| There were no restrictions for MSEs in the application scope of this law. | MSEs operating with the above goods, whether for their own transformation or services to third parties, are excluded from the benefit of free disposal. |
Practical Impact on Your Business
For MSEs that do not operate in these sectors, the free disposal of funds remains a valuable tool for liquidity management. Conversely, if your company is related to minerals, inorganic chemicals, or precious metals, it is crucial to evaluate your operations in detail, as the pending regulation will define a specific list of affected goods.
Do You Need Specialized Advice?
At VAG Global, we understand that these amendments may raise concerns about the management of your deduction funds. Our expert team will guide you in navigating these new provisions and optimize your resource management. Contact us for a customized assessment of the effects of these changes and the strategies you can implement to maintain efficient financial management.