On 31 July 2019, the Peruvian Tax Administration (SUNAT) published two resolutions (152-2019/SUNAT and 153-2019/SUNAT) regarding general anti-avoidance rule (GAAR) in the Official Journal. The two resolutions are summarized below:
Resolution 152-2019/SUNAT
It explains the form and conditions for the audited subject to submit the affidavit provided for in Article 62-C of the Tax Code. Article 62-C of the tax code indicates that during the inspection procedure in which the General Tax Avoidance Scheme (GAAR) is intended to be applied, the supervising agent must issue and send a report to the audited subject and the Committee Reviser. The inspected subject must declare the data of all those involved in the design, approval or execution of the acts, situations or economic relations matter of the aforementioned report.
Resolution 153-2019/SUNAT
It explains the implementation, organization and operation of the review committee. The rules for the implementation, organization and operation of the review committee have been dictated, the body in charge of issuing an opinion as to whether there are sufficient elements to apply the GAAR.
The resolutions are effective from 1 August 2019.
