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Peruvian Tax Authority rules merger between nonresident entities triggers indirect transfer of Peruvian shares

11 July 2023

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Tax Alerts, Legislation & Policy, Na...

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Peru

The Peruvian Tax Authority considered whether a merger by absorption between nonresident entities in which the absorbed entity is the indirect shareholder of a Peruvian entity has tax consequences in Peru.The Tax Authority ruled the merger triggers an indirect transfer of Peruvian shares.In Ruling 000076–2023, published on 13 June 2023, the Peruvian Tax Authority determined that a merger between nonresident entities in which the absorbed entity is an indirect shareholder of a Peruvian entity triggers an indirect transfer of Peruvian shares.BackgroundAccording to Peruvian Income Tax Legislation, an indirect transfer of Peruvian shares will be triggered if one of the following...