Works for Taxes and Regulatory Changes

As a result of the events occurred by reason of the serious cases of corruption of some foreign construction companies, it is important to analyse whether the package of rules issued by the Government can actually revive the economy considering that some of these rules are designed for the state entities and the private sector to coexist.

The task will be tough but we believe that the mechanism of Works for Taxes, still perfectible, can help to change radically the misconception that "working with the state is synonymous with slowness, complexity and corruption.

In fact, we believe that the Legislative Decree 1250 and its newly issued regulations are efficient and safe enough to ensure, once and for all, a proper synergy between the state and the private sector so that both can finally work together for the country and help closing the existing gaps regarding infrastructure and basic services.

In this sense, we believe that the main normative changes (simplification of the processes of budgetary authorizations, subscription of agreements and issuance of CIPRL[1]; elimination of the 15,000 UIT[2] limit; elimination of the interim application of the Law on State Contracting; expansion of funding sources for rural electrification, fisheries, urban planning, social protection, social development, transport, communications and justice; establishment of a liability procedure for the cases of noncompliance and obligation to include in the agreements an anti-corruption clause), make this mechanism an opportunity to implement true programs of social responsibility without incurring in tax contingencies. Moreover, these modifications constitute a way to ensure that the Income Tax paid by the taxpayers is assigned to the generation of real direct benefits perceptible for the population, the state and the private sector as well.

 

[1] Certificate of Regional and Local Public Investment

[2] UIT – Unidad Impositiva Tributaria – Taxation Unit

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Patrick Allemant Patrick AllemantExperienced Lawyer with a demonstrated history of working in the legal services industry. Skilled in Negotiation, Legal Advice, Corporate Law, Spanish, and English. Strong legal professional with a Abogado focused in Laws from Universidad de Lima.
Lima - Peru

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