Corporate advisory comprehends the writing of articles of incorporation, including the by-laws, and adopting some of the planned forms by the General Law of Companies and obeying all notarial
and register requirements until the registration in the Public Registry. The writing of the
Shareholders’ or Partners’ Meeting Minutes, transformation, merger and division of the
company, social settlement and the power of attorney and representation of companies.
Technical assistance certification
In order to comply with tax regulation requirements, we certify the effective service
provision of technical assistance, so that a 15% of withholding tax is applied to
non-domiciled legal entities (normally it’s 30%).
Reimbursement of Income Tax
Companies that might make a mistake in the calculation of the coefficient to determine the payment of the Income Tax, might not have to be obliged to pay interests. And they are entitled to ask for reimbursement from the internal revenue service for the non-prescribed years (this is since year 2012). Expenses to be deducted from their third category income must be the necessary to produce and maintain the income producing source, and they will be normal for the activity that each company carries out. Furthermore, their expenses need to comply with other criteria of reasonableness and generalization, with exceptions as necessary.
The income law establishes some expenses subject to the limit, such as representation expenses, recreational expenses, expenses of the board of directors, transportation costs, expenses that come from taxpayers from the New RUS, etc. The Income Tax law doesn’t allow deductions in some cases: personal expenses and unconnected with the company, fines and interests on arrears,
payments made outside the banking system (amounts more than S/. 3,500 or US$ 1,000),
expenses that don’t have receipts, expenses with receipts from non-existing taxpayers
or who have been notified by SUNAT and their RUC has been rejected.
The deduction of the tax devaluation of assets that have been acquired or built until 31 December
2012 and that have been used in the creation of taxable incomes starting from 1 January 2013,
require that the source of its acquisition or built cost is done with proofs of payments.
If not, SUNAT might not recognize the devaluation of assets that the companies use
in the normal activities of their businesses due to the lack of a simple proof of payment.