August 7, 2023
Peruvian Tax Authority establishes guidelines for applying Multinational Agreement to avoid Double Taxation of Andean Community
In a recent ruling, the Peruvian Tax Authorities considered whether a Peruvian tourism company would be taxed in Peru on income it earned from a Bolivian company that hired the Peruvian company to provide transportation service and tour guide services in Peru.
Article 6 of the Peruvian Income Tax Law establishes that resident taxpayers are subject to taxation on their worldwide income.
In turn, Decision 578 of the Andean Community — which is aimed at avoiding double taxation and preventing fiscal evasion for taxpayers in Colombia, Peru, Bolivia, and Ecuador — establishes that, in general and regardless of nationality or residency of the involved parties, income of any kind shall be taxable only in the Member Country to which the income is sourced.
Article 8 of Decision 578 establishes that income obtained by land transportation companies shall be taxed exclusively in the Member Country in which these companies have residency.
In addition, Article 13 of Decision 578 establishes that compensation received in return for personal services, in general, shall be taxable only in the Member Country in which the services were provided.
Ruling 000088—2023-SUNAT/7T0000, published on 11 July 2023, analyzes the case in which a Bolivian tourism company hires the services of a Peruvian tourism company to provide (i) transportation of clients and (ii) tour-guide services.
The Peruvian Tax Authority concluded in the Ruling that income that transportation companies, resident in a Member Country of the Andean Community, earned from providing transportation services, within Peruvian territory, to a company resident in another Member Country, shall be taxable only in the Member Country in which the transportation company is resident.
Under this analysis, income that a transportation company resident in Peru earns from providing transportation services within Peruvian territory to a tourism company resident in Bolivia, shall be taxed in Peru.
Likewise, the Peruvian Tax Authority concluded that the income that resident individuals of a Member Country of the Andean Community earn from providing personal services within Peruvian territory to a company resident in another Member Country, shall be taxable only in the Member Country in which the services are provided.
Therefore, income that resident individuals in Peru earn from providing personal services in Peruvian territory to a tourism company resident in Bolivia, shall be taxed in Peru.
The Peruvian Tax Authority also concluded that the outcome of the scenarios described do not change if tax was withheld or payment was made in Bolivia.
For additional information with respect to this Alert, please contact the following:
Ernst & Young Asesores Empresariales S.C.R.L, Lima
Ernst & Young LLP (United States), Latin American Business Center, New York
Ernst & Young LLP (United Kingdom), Latin American Business Center, London
Ernst & Young Tax Co., Latin American Business Center, Japan & Asia Pacific
Published by NTD's Tax Technical Knowledge Services group; Carolyn Wright, legal editor