On 28 September 2024, Legislative Decree No. 1669 (DL) was published. It amends the General Sales Tax Law and Law No. 29215, a law that strengthens the tax administration’s control and inspection mechanisms in relation to the regulation of the purchase register and the sales register.
This DL is supposedly aimed at “facilitating compliance with the obligations of taxpayers in relation to the registration of transactions in the Purchase Register, taking into account the massive use of electronic payment vouchers and technological tools".
facilitating compliance with the obligations of taxpayers in relation to the registration of transactions in the Purchase Register, taking into account the massive use of electronic payment vouchers and technological tools:
Payment vouchers issued through the electronic issuance system: These must be recorded in the digital files or sheet of the purchase register for the period corresponding to the month that the tax was issued or paid.
Physical payment vouchers: Payment vouchers that were not issued through the electronic issuance system must be recorded up to two months following the month that the tax was issued or paid.
Withholding tax system — the Tax Obligations Payment System (SPOT): In the case of payment vouchers issued for operations subject to the SPOT, the term for entry will be up to three months following the issuance date.
In transactions subject to the SPOT, the right to the tax credit or balance in favor of the exporter may be exercised in the period in which the payment voucher is recorded in the purchase register, provided that the deposit is made by the fifth working day of the month in which the return for such period is due. Otherwise, the right is exercised as of the period in which the deposit is credited, and the entry should be adjusted.
The vouchers recorded after the indicated deadlines will not grant the right to the tax credit.
To mitigate the loss of the tax credit, “it has been established that the right to the tax credit will not be lost if the payment vouchers are recorded before SUNAT requires the taxpayer to show and/or present its purchase register, kept manually or digitally.
Payment vouchers, debit notes or other documents issued before this DL enters into force may be recorded in the digital files or sheet of the purchase register in accordance with the provisions that were in force on the date they were issued.
Effective date: The DL will become effective on the effective date of the superintendence resolution that regulates, among other things, the means, form, requirements and/or conditions for taxpayers to confirm, rectify or complement the information recorded by SUNAT with respect to the sales and income register and the purchases register.
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We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.
