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Peru Tax Authority Holds Tax Treaty with Chile Does Not Provide for Taxation of Indirect Disposal of Shares in Peruvian Companies

11 March 2021

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Treaty Development

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Peru-Chile

The Peru tax authority (SUNAT) recently published Report No. 001-2021-SUNAT/7T0000 concerning whether capital gains derived by a resident of Chile are subject to taxation in Peru from the indirect disposal of shares in a company in Peru as a result of the disposal of shares in a company in Chile. The report notes that under Peru's Income Tax Law, such indirect disposals may be subject to taxation in Peru where certain conditions are met. However, given that the person indirectly disposing of shares is a resident in Chile, the relevant provisions of Article 13 (Capital Gains) of the 2001 Chile-Peru...