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Peruvian Supreme Court establishes guidelines to determine Peruvian-source income for nonresident entities

08 September 2023

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Tax Alerts, Information Reporting, Legis...

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Peru

The Peru Supreme Court has established guidelines to determine whether income obtained by nonresident entities qualify as Peruvian-source income according to the Peruvian Income Tax Law.Whether intangible assets generate Peruvian-source income generally depends on whether they are economically used within Peruvian territory.In a recent court ruling, the Supreme Court analyzed whether a payment that a Peruvian resident entity made to a nonresident entity qualifies as Peruvian-source income, in accordance with provisions of article 9b of the Peruvian Income Tax Law related to income derived from goods and rights located or economically used within Peruvian territory.BackgroundArticle 9b of the Peruvian Income...