On March 3, 2022, the Official Gazette El Peruano published Legislative Decree 1529, which amends Law 28194, Law on the Fight against Tax Evasion and the Formalization of the Economy. “From April 6, 2022, the submission of documents will be regulated as follows: With report No. 000039-2022-SUNAT/7T0000 published by the National Legal Stewardship of the Tax Administration on June 7, 2022 on the SUNAT web portal, the company indicates the amount from which the obligation to use means of payment in connection with the obligations fulfilled by payment, is considered completed. amounts of money before and after April 1, 2022. Therefore, Legislative Decree 1529 reduces the amount from which companies must use means of payment if they want to support expenses or costs©or tax credits related to the RSI, so remember that from 1/4/2022, the amount from which the means of payment must be used is two thousand soles (S / 2000). as well as other obligations to be respected in transactions with third parties described in the preceding paragraphs. There are many requests from taxpayers who ask for information about the “new minimum amounts” for the use of banking services, as they “claim” that they have been “reduced” since January 1, 2022. In this sense, and in accordance with the first final supplementary provision of DL 1529, the new limit for banking or the use of means of payment as of April 1, 2022 is two thousand soles (S/2,000) or five hundred US dollars (US$500). According to the declaration of the tax administration in the report in question, the rule cannot be applied retroactively. Therefore, with respect to payments made before April 1, 2022, the obligation to use means of payment from the amount of S/3,500 three thousand five hundred soles or $1,000,000 was payable. From 1. April 2022, the following came into force: This decree was created to control tax evasion, as there are currently formally established companies that have economically high business activities, so they usually deliver invoices to third parties to justify expenses, costs and / or tax credit, with the aim of reducing the tax base at the time of determining the annual income or the Claim a credit tax that never really existed or that were just simulations because these companies do not have what it takes to prove their credibility in such transactions.

They point out that since January 1, 2022, the banking obligation of S/ 2000 is soles and 500 US dollars and cite as legal basis Law No. 31380. The rule occurs on 1. April 2022, with the exception of changes relating to the use of means of payment for the payment of remuneration and social benefits, and with regard to payments processed©through banks or financial companies established in countries where taxation is low or zero. which will enter into force on 1 January 2023. This Legislative Decree enters into force on 1 April 2022, unless this is provided for in the case of remuneration and social benefits, as well as the use of means of payment by non-resident banking or financial companies (provisions summarized in the preceding paragraphs), which enter into force on the day following the publication of the rule governed by Article 20 of Legislative Decree No. 1499 and from 1 January 2023. respectively. On 3 March 2022, Legislative Decree No. 1528 published in the Official Journal “El Peruano”, by which the tax legislation is amended as follows: In this context, we must know that Legislative Decree No. 1535 is responsible for regulating the qualification of subjects who must comply with the obligations managed and / or collected by SUNAT. This rule came into effect on March 20, 2022 and repeals the Good Taxpayers Regime.

Therefore, to date, Monday, January 3, 2022, NO RULES HAVE BEEN PUBLISHED THAT CHANGES THE MINIMUM AMOUNTS OF BANKING TRANSACTIONS. there is still time for the executive to exercise its legislative powers and impose on it the corresponding legislative decree, which could not apply retroactively but would have effects from the day after its publication. unless the rule itself indicates its validity from the same date of publication. This amendment will come into force on April 1, 2022. Recent report from Sunat.- In the report 012-2022-Sunat, the tax administration considers with regard to the ITF in electronic money operations that: It is important to remember that Legislative Decree No. 1529, which is in force on April 1, 2022, amended Law No. 28194 (Banking Law). In this sense, the amount from which the use of payment methods is required is reduced from S / 3,500 to S / 2,000 thousand soles and from $ 1,000 to $ 500 US dollars. On 3 March 2022, Legislative Decree No.

1529 was published, which amends several provisions of Law No. 28194, Law on the Fight against Tax Evasion and the Formalization of the Economy (TUO approved by D.S. No. 150-2007-EF), in particular with regard to the strengthening of the obligation to use means of payment in operations (“banking”). On Thursday, March 3, 2022, Legislative Decree No. Published in 1529, with which the amount from which the means of payment are to be used, two thousand soles (S / 2,000) or five hundred US dollars (500 US dollars) were changed. If, on the basis of an instruction from the provider, an obligation is cancelled in whole or in part by the transfer of the corresponding amount to the account of a third party opened in an ESF, the legal obligation to use means of payment provided for in Article 3 of the Law is fulfilled. This legislative decree will enter into force on 4 March 2022. The validity of this change is from April 1, 2022, which means that until March 31, 2022, the obligation to use the means of payment for three thousand five hundred soles (S/ 3,500) or one thousand US dollars (1,000 USD) will be maintained. As of April 1, 2022, it is mandatory to conduct banking transactions from 2,000 S/000 or US$500. Until 31.03.2022, it is mandatory to carry out banking transactions from S/3,500 or $1,000. In this way, SUNAT concludes that it is only from 01.04.2022 that the use of means of payment for bonds is required, which are fulfilled by the payment of sums of money of S / 2,000 two thousand soles or US $ 500 five hundred US dollars.

On March 3, in the Official Gazette El Peruano, Legislative Decree 1529 was published, which amended the Law on Combating Tax Evasion and Formalization of the Economy (TUO DS 150-2007-EF), which provides that from April 1, 2022, natural and legal persons who sell/buy goods or provide services must conduct their activities from S/2,000 or US$500; otherwise, they are not entitled to deduct income tax or tax credit expenses/costs from the general sales tax. Nor can it justify capital increases. If this condition is not distorted according to the above procedure, SUNAT is required to publish the SSCO list, which will have various implications, such as: This last mentioned article has been amended to refer to the use of means of payment both in the international sale of goods and in the provision of services to or from abroad. However, there have already been SUNAT reports that have generally confirmed its use in international trade: 3.- The amount from which three thousand five hundred soles (S / 3500) or one thousand dollars ($ 1000) must be used is reduced to two thousand soles (S / 2000) or five hundred US dollars ($ 500 US). With regard to this point, the rule is that as long as the form and conditions under which the communication to SUNAT is made are not ±, this communication must be presented at sunat`s premises or through©sunat`s Virtual Rooms Office. 6.- Finally, it is provided that under no circumstances will the obligation to use means of payment be deemed fulfilled when payments are made through©banking or financial undertakings established in non-cooperating countries or territories or permanent or low- or zero-tax establishments situated or established in such countries or territories.