Peru

Peru currently has 8 Double Taxation Agreements - download the complete guide to see the full listing - that follow the OECD Model (Chile, Canada, Brazil, Mexico, Korea, Switzerland, Portugal and Japan), and since it is part of the Andean Community, Decision 578/2004 is applicable (Colombia, Ecuador, Bolivia and Peru). A detailed list of the agreements can be found in Appendix 5.

The Convention on Mutual Administrative Assistance in Tax Matters (approved by the Peruvian Congress on May 17, 2018) is also in force and application. Peru has also signed the Multilateral Instrument or MLI BEPS on June 27, 2018.

Prevalence of agreements

Peruvian courts have established the prevalence of agreements over domestic law.

Resolution of the Tax Court "RTF" issued with mandatory observance No. 03041-A-2004.

Tax Court Resolutions (RTF)

• The Peruvian Tax Court has had the opportunity to rule on certain aspects related to the application of the Double Taxation Agreements, followed by a decision from the Judiciary at the Superior Court level reaffirming the Tax Court's criteria. This specific case evaluates the criteria regarding the "beneficial owner“ within the framework of the Peru-Chile DTA. The reference "RTF No. 03306-9-2020" corresponds to the specific Tax Court Resolution number for this case dated 2020.
• Regarding the Peru-Canada DTA, the Tax Court has indicated certain criteria concerning the implications of changing residency, treaty abuse, and the application of the rule regarding capital gains (sale of shares of Peruvian companies). The specific Tax Court Resolution related to this matter is "RTF No. 8835-12-2022," dated 2022.

Criteria of the Tax Administration (SUNAT)

• The National Superintendence of Tax Administration - SUNAT has issued an interpretation referred to Decision 578, by which the income tax exemption referred to in article 3 of the Decision would be conditioned to the verification of a double taxation situation. Report No. 098-2023-SUNAT
• It has also ruled on the non-discrimination clause in the case of investment funds located in Colombia within the framework of Decision 578 (Report No. 144-2020-SUNAT) and on the qualification of an investment fund located in Chile in accordance with the Peru-Chile DTA. Report No. 143-2020-SUNAT

Judicial Rulings

The Judiciary has interpreted that the OECD Model Commentaries qualify as "supplementary means of interpretation" according to Article 32 of the Vienna Convention. Therefore, its text holds high significance in  understanding Double Taxation Agreements entered into by Peru.

This interpretation is part of the ruling in the case identified as "Expediente 05666-2020_Sala Superior.