Sunat requests annulment of the ruling of the TC that favors businessmen with millionaire debts to the State

The Office of the National Superintendence of Customs and Tax Administration (Sunat) filed a request for annulment on Thursday against the ruling of the Constitutional Court (TC), which favors businessmen who owe millionaire amounts to the State.

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According to a statement shared on its social platforms, this ruling “establishes precedent-based rules to substantially reduce the payment of default interest and tax debts in dispute.”

In addition, “it would benefit companies that extend and maintain million-dollar debts with the State” and “disincentives voluntary and timely compliance with tax obligations,” a scenario that also promotes the prosecution of new cases.

For the attorney of the collecting entity, this precedent allows large companies to stop paying more than 12,000 million soles for unpaid tax interest.

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In this sense, the formation of the TC “violates the right to a consistent decision and defense”, incurs in arbitrariness and omits to consider that large companies “consent to the delay in solving”.

Finally, Sunat specified that, only last year, a record tax pressure was registered, the highest in the last 42 years, as a result of the entity’s actions to improve the levels of formalization and reduction of evasion rates.

According to a report by the Liber Center, the list of the most indebted includes telephone companies, banks, mining companies and construction companies. Likewise, the largest debt amounts to S/ 5,450 million 903,223 (Telefónica del Perú) and the smallest is located at S/ 27 million 417,742 (Consorcio Nueva Gambetta).

In the first places of the ranking are Telefónica, Backus, Minera Las Bambas, Scotiabank Peru, Minera Antapaccay, Gasoducto Sur Peruano SA, Veta de Oro del Perú SAC, Latam Airlines Peru and Constructora OAS SA Sucursal del Perú,

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Telefónica Móviles, Minera Chinalco Peru, Ajeper, Interbank, Minerales del Sur, Odebrecht Peru Engineering and Construction, Nexa Resources Cajamarquilla, Farmindustria, América Móvil Peru, Minera Aurífera Buena Vista, among others, also appear.

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