On 29 June 2023, Peru published Supreme Decree 137-2023 in the Official Gazette for the adoption of the Secured Overnight Financing Rate (SOFR) to replace the London Interbank Offered Rate (LIBOR). The Decree came into force on 30 June 2023.
This transition pertains specifically to the computation of the benchmark for determining eligibility for the reduced withholding tax (WHT) rate of 4.99% on interest payments made to nonresident entities.
Under Peruvian Income Tax Legislation, interest paid to nonresidents is normally subject to a 30% WHT rate. However, a lower WHT rate of 4.99% may apply if specific conditions are met.
According to the Decree, when determining eligibility for the reduced 4.99% WHT rate on interest, the interest rate must not surpass the SOFR 30-day average rate plus an additional 7 points.