The Peruvian Executive published this Saturday two legislative decrees on tax benefits, one of which establishes that payments for the crime of bribery (bribery) are not deductible, as a cost or expense, to determine the income tax.
The Government published Legislative Decree No. 1522 that incorporates a transitory provision to the Income Tax Law (IR) to make it clear that “these do not constitute a deductible cost or expense for purposes of determining the income tax (IR). disbursements described in the criminal types of bribery crimes, in its different modalities, regulated in the Penal Code”.
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The Ministry of Economy and Finance detailed in a press release that the Peruvian regulations that regulate IR “do not expressly state the prohibition of deduction of bribery payments and, in this sense, there are recommendations made by the Organization for Economic Cooperation and Development (OECD), the United Nations (UN) and the Organization of American States (OAS).”
These suggestions arose from the evaluations carried out to verify compliance with international anti-corruption treaties signed by Peru, which recommended having a legal norm that expressly prohibits it, the ministry added.
The Peruvian Justice carries out a series of Proceedings for corruption offenses involving large corporations, investigated for alleged bribes to officials to gain access to public contracts or to presidential candidates to finance electoral campaigns.
In this last case are the former presidents Alejandro Toledo, Ollanta Humala and Pedro Pablo Kuczynski and the former candidate Keiko Fujimori, investigated for alleged bribes and irregular payments from the Brazilian construction company Odebrecht, among other companies.
In the second approved norm on tax exemptions, incentives and benefits, Legislative Decree No. 1521, the rules to which they must be subject for their evaluation and approval are updated and made stricter.
In this sense, it was added to Rule VII of the Preliminary Title of the Tax Code that waivers should not be granted, incentives or tax benefits on selective consumption taxes, or on goods or services that harm health and the environment.
In the same way, to make tax spending transparent in a similar way to public spending, the obligation of the Tax Administration to publish in its digital headquarters, any rule that grants preferential tax treatment, information on the benefited taxpayers and the amount of the benefit was established.
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