Peruvian regulations require legal persons and legal entities to file a declaration of its ultimate beneficial owners. In this regard, Superintendency Resolution No. 41-2022/SUNAT has recently established the deadlines to meet this obligation in the case of investment funds, mutual funds invested in securities, trust funds, trusts domiciled in Peru or incorporated abroad with an administrator or protector domiciled in Peru, and consortia registered in the Unique Taxpayer Registry (RUC) as of December 31, 2022.
The referred deadline is established according to the schedule of monthly tax obligations corresponding to December 20221; i.e., the deadline is January 2023.
Considering that neither Legislative Decree No. 1372 nor its supplemental provisions are conclusive to determine whether branch offices, agencies and permanent establishments in our country are required to declare their ultimate beneficial owners, it is advisable to proceed with such declaration within the prescribed period, according to the bracket to which each entity belongs based on their net income2.
Therefore, given that we are close to the end of year 2022, we suggest that the management and administration of these entities ensure the compliance with this obligation to avoid any tax contingencies, especially because we are only a few weeks away from starting the month of December.
Contact
Carina Dávila, Legal Services Manager, BDO Business Services & Outsourcing
Miluska Rosales, Corporate Legal Supervisor, BDO Business Services & Outsourcing
1 To learn more about the exact deadlines, we suggest referring to our previous publication at the following link.
2 Idem.