The executive branch has changed the conditions for the return of IGV to foreign tourists

The executive branch changed General Sales Tax Law (IGV) And selective consumption tax (ISC) around the return of the IGV in favor of foreign tourists in order to resume receptive tourism. The measure was prescribed by Legislative Decree (DL) 1548, published today in the newspaper Peruvian man.

It is stated that this standard is intended to make IGV return conditions more flexible in favor of foreign tourists, governed by article 76 of the IGV and ISC Law, in order to promote the resumption of host tourism in the country.

Changes have been made to the epigraph, as well as to the third, fourth, sixth and last paragraphs of Article 76 of the Law on MGV and MSK, the Unified Order Text (TUO) of which was approved by the Highest Decree (DP) 055-99-EF.

Thus, in Article 76 on the return of money in favor of tourists, a modification is established that the return is carried out through the SUNAT or the bodies of the Tax Service cooperating with it, or through both; and that the regulation may lay down requirements or conditions to be met by said cooperating organizations.

It is provided that in the event that tourists claim the return of VAT paid on their purchase of goods through a cooperating organization of the tax administration, this organization may charge the tourist a fee for providing this service. It was subsequently determined that said collaborating organization was requesting Sunat reimbursement of amounts returned to tourists.

It is determined that the return is carried out in relation to the purchase of goods that are produced in establishments qualified by Sunat as those whose purchases entitle the return of IGV in favor of tourists who must register in the register that Sunat implements such an effect, and they should not be are qualified by them with neither of the two lower levels of conformity set out in the relevant standard.

It is established that the specified register is of a constituent nature and for registration and stay in it must comply with the conditions and requirements specified in the regulation.

The regulation establishes the mechanisms for the implementation of the refund referred to in this article, and Sunat may regulate, by means of a supervisory decree, additional mechanisms to those established in this regulation, provided that they allow verification of the delivery to the tourist of the refunded amount.

Where to make a return?

It is envisaged that in order to return VGI in favor of tourists, established by Article 76 of the Law on VGI and MSC, the TUO of which is approved by DS 055-99-EF, institutions, the acquisition of which entitles to the said return, are qualified by Sunat as such, without requiring them to be in bona fide taxpayer mode or which have any of the levels of compliance required by the relevant regulations.

It is stated that what is stated in the previous paragraph shall apply until the first assignment of a Compliance Profile under DL 1535, which governs the qualification of entities that must comply with obligations administered and/or charged by Sunat, in accordance with with a compliance profile, as well as the consequences of said qualification.

It is stipulated that in the event that, after the expiry of the above period, an enterprise registered in the register responsible for Sunat is qualified with one of the two lowest levels of compliance established in the relevant standard, the said establishment shall be excluded from the aforementioned register of full rights.

Legal framework

The preamble of the rule states that, through Act 31696, the Congress of the Republic delegated to the executive branch the right to legislate in matters of economic momentum for economic recovery for a period of 90 calendar days.

Law 31696, Law that delegates to the executive branch the power to legislate in matters of economic revitalization and modernization of public administration.

It is mentioned that the letter e) of subsection 2.1.3 of the digit 2.1 of article 2 of the aforementioned legal regulation establishes that the executive branch is authorized to legislate on tax matters in order to make conditions more flexible in order to qualify as institutions whose purchases are eligible for IGV refunds in favor of foreign tourists .

According to Andina