On October 21 of this year, SUNAT issued Report No. 000086-2021-SUNAT/7T0000, answering the following question:
1. Consultation
The taxpayers who filed Virtual Form No. 1667 and are in the cases of exclusion from the Temporary and Substitute Income Tax Regime for the declaration, repatriation, and investment of undeclared income, are asked if the Tax Administration can request information regarding the concepts included in said form after the one-year term provided for in the regulations of the said regime.
2. Temporary and substitute income tax regime
Legislative Decree No. 1264 establishes a temporary and substitute income tax regime that allows taxpayers domiciled in Peru to declare, if applicable, repatriate and invest therein their undeclared income generated up to the taxable year 2015 to regularize their income tax obligations.
3. Application to the temporary and substitute income tax regime
Paragraph 9.1 of Article 9 of Legislative Decree No. 1264 provides that must be filed an affidavit stating the net income that constitutes the taxable base, subject of the application, and pay the full amount of the tax declared up to the day of filing the affidavit to apply for the Regime.
4. Affidavit – Virtual form N° 1667
Through Superintendence Resolution 160-2017/SUNAT, the form, and conditions to file the affidavit referred to in the preceding title were regulated, approving for such purpose Virtual Form No. 1667 – Statement, repatriation, and investment of undeclared income.
5. Effects of the application of the regime
Paragraph 12.1 of Article 12 of Legislative Decree No. 1264 establishes that by applying for the Regime, all income tax obligations corresponding to undeclared income under the Regime will be deemed to be fulfilled.
6. Period to consider
Regarding the one-year term provided for in numeral 12.4 of article 12 of Legislative Decree No. 1264, this was applicable to verify the acceptance to the Regime of the subjects that were under the scope of the referred legislative decree, being that such term is not applicable regarding the subjects included in the exclusion assumptions.
7. Conclusion
Accordingly, the taxpayers who have filed the Virtual Form No. 1667 and are excluded from the Temporary and Substitute Income Tax Regime to file, repatriate, and invest undeclared income, the Tax Administration may request information regarding the concepts included in the said form, in the exercise of its auditing power, having to observe the conditions, procedures, and terms established by law, without being subject to the 1-year term referred to in the rules regulating the aforementioned regime.
Source: SUNAT 19/11/21