New Regulation for Specific Sectors
The recent amendment to Law 31903, Law that Promotes the Release of Funds from Drawdown Accounts to Strengthen the Financial Capacity of MSEs, introduced by Law 32187, Public Sector Indebtedness Law for Fiscal Year 2025, published on December 11, 2024, establishes significant changes in the management of drawdown accounts for certain MSE sectors. This update deserves special attention from businessmen and accountants.
Who is affected? Main Changes in the Handling of Deductions for Certain MSEs
The most relevant change specifically affects MSEs operating in three strategic sectors: minerals, inorganic chemicals or precious metals.
This recent amendment regulates that SUNAT will not be able to automatically transfer the balances of the funds in the deduction accounts of the MSEs linked to the aforementioned sectors for the purpose of covering tax debts. This is established in the last paragraph of article 4 of the referred Law 32187.
The measure is mainly focused on strengthening the liquidity capacity of these companies so that they can concentrate their actions on investing in their productive and operating activities.
Thus, the regulation excludes from the benefit of free disposal companies that carry out operations 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 and articles thereof; imitation jewelry; coins) of the Customs Tariff. This restriction applies both for own transformation and for services to third parties.
The following table shows the changes made to Law 31903:
| Previous Rule | Amended Rule |
| Article 4 allowed the ex officio transfer of funds from the deduction accounts for the payment of tax debts of MSEs. | Article 4 allows the ex officio transfer of funds from drawdown accounts for the payment of tax debts administered or collected by the entity, but excludes MSEs that carry out operations 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 scope of application of this law. | MSEs that carry out operations with the aforementioned 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. However, if your company is related to minerals, inorganic chemicals or precious metals, it is crucial to perform a detailed evaluation of your operations, as the pending regulation will define the specific list of affected goods.
Do you need Specialized Advice?
At VAG Global we understand that these changes may raise concerns about the management of your deduction funds. Our team of tax specialists is prepared to help you navigate these new provisions and optimize the management of your resources. Contact us for a personalized assessment of how these changes affect your company and the strategies you can implement to maintain efficient financial management.