Value Added Tax (VAT) is the main type of indirect taxation in Peru.
It is a tax on consumption that is applied during the production and distribution process to most goods and services. It is also applied to goods, and certain services, entering the country. Although VAT is ultimately borne by the consumer by being included in the price paid, the responsibility for charging, collecting, and paying it to the tax authority at each stage of the process rests with the business making the supply (i.e., the sale).
Our VAT legislation taxes the following transactions:
• sale of goods
• performing and use of services performed by non-residents
• construction contracts
• first sale of immovable property by the constructor
• import of goods (including intangibles).
The tax rate is 18% applicable over the price of the transaction.
Regarding the sale of goods, our legislation defines ‘goods’ as those tangibles that may be carried from one place to another, their related rights, distinctive signs, inventions, copyrights, goodwill, and similar, ships and aircraft, including documents representing these ones.
Regarding ‘performing of services’, our legislation defines ‘services’ as any performing that a person does to another and for which receives third category income for purposes of income tax, even when not subject to the latter tax; including the lease of movable and immovable property and leasing.
For deducting input VAT as a credit, the purchase should be deductible as an expense for income tax purposes and such acquisition should be intended for an operation also taxed with VAT.
Some special regimes are considered by our legislation, as the benefit granted to exporters of goods or services. In such cases, the input VAT could be refunded in cash from the tax authorities.