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Peruvian Tax Court concludes income received by a silent partner in a silent partnership will be treated as dividends

07 April 2021

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Tax Alerts, Legislation & Policy, Na...

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Peru

The income distributed by the active partner to the silent partner in a silent partnership (association in participation) will be treated as dividends. Therefore, dividends received by silent partners in a silent partnership will not be subject to withholding tax, if the silent partner is a Peruvian entity, and will be treated as passive income subject to withholding tax in Peru, if the silent partner is not a Peruvian entity.On 2 April 2021, the Peruvian Tax Court published in the Official Gazette Resolution 02398-11-2021, which establishes that income distributed to the silent partner in a silent partnership will be treated...