Legislative Decree No. 1634, published on August 30, 2024, arises in an economic context where many companies and taxpayers are facing financial difficulties. The COVID-19 pandemic and other economic factors have negatively impacted the payment capacity of various entities and individuals. In this regard, the Peruvian government has sought to implement measures that facilitate compliance with tax obligations, while ensuring the collection of revenues necessary for the functioning of the State.

The main objective of Legislative Decree No. 1634 is to allow taxpayers who have tax debts to regularize their situation in a more accessible way. By offering a special installment plan, it is expected that more taxpayers will take advantage of this mechanism, which in turn will increase the income of the public treasury. By offering significant discounts on interest and penalties, taxpayers are encouraged to settle their debts.

Special installment payment represents a unique opportunity for taxpayers to regularize their tax situation without facing the burden of excessive interest and fines. This is especially important for small and medium-sized businesses that have been severely affected by the economic crisis.

Taxpayers should consider this installment payment as part of their financial planning. It is advisable to evaluate the ability to pay and consider the option of taking advantage of this benefit to avoid future liquidity problems.

Given the complexity of tax regulations, it is advisable for taxpayers to seek professional advice to ensure that they comply with all requirements and maximize the benefits of special installment payment.

Details of Special Installment Payment

The debts that can be eligible for this special installment payment include:

• Income Tax: Tax levied on income obtained by natural and legal persons.
• General Sales Tax (IGV): Tax applied to the sale of goods and services.
• Selective Consumption Tax (ISC): Tax applied to certain goods and services considered luxury or harmful to health.
• Customs Duties: Taxes applied to the import of goods.

Including the special tax on mining and other contributions.

Benefits of Fractionation

• Discounts on Interest and Fines: Taxpayers will be able to benefit from a discount of up to 100% on accumulated interest and fines, which represents a significant relief for those who face difficulties in meeting their tax obligations.
• Ease of Payment: Fractionation allows debts to be paid in installments, which facilitates the regularization of the taxpayers' tax situation.
• Suspension of Coercive Procedures: Once the application for acceptance is submitted, SUNAT will suspend coercive collection procedures and lift existing precautionary measures, which provides peace of mind to taxpayers while they regularize their situation.

Types of discount vouchers by payment method:

1. Cash payment:

• Debt from 0 to 100 UIT: 100% discount on interest and fines.
• Debt from more than 100 to 2000 UIT: 90% discount.
• Debt from more than 2000 to 5000 UIT: 70% discount.
• Debt from more than 5000 UIT: 50% discount.

2. Summary payment:

• Debt from 0 to 100 UIT: 90% discount.
• Debt from more than 100 to 2000 UIT: 70% discount.
• Debt from more than 2000 to 5000 UIT: 50% discount.
• Debt of more than 5000 UIT: 30% discount.

3. Split payment:

• Debt from 0 to 100 UIT: 90% discount.
• Debt from more than 100 to 2000 UIT: 70% discount.
• Debt from more than 2000 to 5000 UIT: 50% discount.
• Debt from more than 5000 UIT: 30% discount.

In the case of split payment, the monthly payment cannot be less than S/ 260, except for the last payment, which will be adjusted considering the discount bonus.

Application Process

Taxpayers will have until December 20, 2024 to submit their application for special split payment.

SUNAT will have a period of 45 business days to resolve the requests submitted. It is essential that taxpayers submit all the required documentation and comply with the established requirements to avoid delays in the process.

Depending on the amount of the debt, additional guarantees may be required, such as a surety bond or a mortgage guarantee. This is especially relevant for debts that exceed a specific amount, which seeks to ensure payment compliance.