Thursday, March 30, 2023

MEF: Rule of the Constitutional Court avoiding benefits to large companies

MEF against the decision of TC in the payment of tax debts of companies. Photo: La República composition

The government of the Constitutional Court (TC) prohibits the application of the default interest to be cured once the legal mortifications to pay the tax lawsuits were passed last week by all the parties, the example of the debts of Peruvian companies becomes an example of litigation. and due durations.

For the evidence of which it is necessary to know that the application of interest throughout the world is based on not shortening the due period. The value of the S/100 today is not the same as it was a decade or two ago. Second, the annual Moratorium Interest Rate (TIM-MN) with which Sunat deals is historically lower than the active Rate in National Currency (TAMN), the amount of business in the market with bank loans granted. Therefore, the interest charge of the entity is below the market value.

Sources from the sector explained that in practice it would be more profitable today for large companies to take the money that had to be paid in taxes and use it for capital investment, and to prolong the trial against Sunat as long as possible and the end. paying off the debt is drawn down over many years. Another option would be to take a bank loan, but there the interest is higher and there is no TC decision that ends the payment late. Find yourself with the state, in short.

He calls out and advises that the government should create an example in large companies not to pay more than S / 12000 million. The prosecutor, Renzo Díaz, for La República, argued that the fundamental right to knowledge had been “gravely, repeatedly and clearly” violated, so he demanded that the tribune’s decision be declared null and void.

from all fronts

On the part of the Ministry of Economy and Economy (MEF), Minister Alex Contreras requested a declaration of the government, which, initially, arises from the case of the company Maxcona, but also without success, so that it can be done. reconsider the decision.

For the MEF, the TC would be exceeding its powers and violating the principle of correctness of function, since a large part of the interest of debtors in tax disputes would be removed in all cases: Sunat, Tax and Judiciary.

The Fiscal Council (CF), an autonomous entity that strengthens the transparency and institutional framework of public finances, joined the MEF and Sunat last week and warned that the “perverse” measure could generate incentives that negatively affect the culture and the tax of the future. country

To CF. It is not clear what the deadlines are for judicial judges to settle these controversies, because in practice there are no mortifications of this kind, and what the prohibition of default interest does to retain the debt. the value of his name, which inevitably implies a loss of value over time.

The tax issue is collected

The MEF explained that the total tax debt as of November 2020, which has fallen to S/118,000 million, only 27.11% (S/32,000 million) is disputed, which corresponds to 0.45% of the total RUC with outstanding debt. “That is, the case of the tax compact,” adds the matter.

In addition, of those 3,783 RUC that are in dispute, 956 belong to large funds that dispute the tax debt that exceeds S/27,000 million. This is, “the tax debtors are discussed, the largest proportion is contested in the largest,” MEF summarizes.


Renzo Días González, attorney Sunat.

“Our debt interest rate is the lowest compared to all institutions like Sunat in the world. It is the lowest that exists. It is even lower than the rate that banks have today.

Alex Contreras, Minister of Economy and Economy

“Does this decision of TC benefit many small taxpayers? No way, unless 0.5% of the debtors are in litigation, and 85% of the debtors in litigation are from high incomes.

Infographic – About the Republic

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