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Peru Publishes Legislative Decrees on Implementation of GAAR, New Interest Restriction Rules, Definition of PE, and Other Changes

21 September 2018

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Approved Changes

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Peru

Peru has published Legislative Decree No. 1422 and Legislative Decree No. 1424, which include measures for the implementation of the General Anti-Avoidance Rule (GAAR), new thin capitalization and interest restriction rules, the definition of a permanent establishment, and other changes. GAAR Decree No. 1422 includes measures for the implementation of Peru's GAAR, which was first introduced in 2012, but was generally suspended pending further regulations. The Decree provides that: The GAAR applies in relation to tax audits reviewing issues beginning from 19 July 2012; Where the tax authority (SUNAT) intends to apply the GAAR, the case must be submitted to...