Special installment payment for tax debt approved by SUNAT
On August 30, 2024, Legislative Decree No. 1634 approved the regulation for the Special Installment Payment System for debts that constitute revenue to the Public Treasury. This regulation aims to encourage the payment of tax debts and increase state revenues.
Under the regulations, all debts due until December 31, 2023, including interest, updates, and capitalized interest updated to the date of approval of the application for application to the Special Installment Payment System, will be eligible for Special Installment Payment.
It also establishes December 20, 2024, as the latest date on which the debtor may submit their application for application.
A discount voucher applicable to interest and penalties is incorporated into the Special Installment Payment System. This bonus will be applied based on the payment method adopted:
- Cash Payment: The debt is paid in cash to SUNAT (National Tax Administration Service), and discount vouchers ranging from 50% to 100% are applied, depending on the debt level.
- Summary Payment: An initial installment of no less than 25% of the debt is paid, and the balance is paid in up to 3 installments. The same discount vouchers apply.
- Installment Payment: An initial installment of no less than 10% of the debt is paid, and the balance is paid in up to 72 installments. Discount vouchers ranging from 30% to 90% are applied.
It should be noted that the applicable discount value is proportional to the value of the debt; therefore, the larger the debt, the greater the discount.
Furthermore, the Decree regulates those excluded cases, such as:
- Debts included in bankruptcy proceedings.
- Debts generated by withheld or collected taxes and contributions to ESSALUD (Health and Social Security Administration).
- Debts that, as of the date of entry into force of the Decree, have a final and/or consented court ruling or are in the status of res judicata.
- Debts of individuals and entities whose representatives have a final or final judgment for tax or customs offenses in force on the date of submission of the application.
- Public sector debts, except for companies comprising the State’s business activity.
Other relevant aspects established by the regulation include the cases under which guarantees must be provided, the power to demand payment in the event of non-compliance with installment payments, the automatic dismissal of litigation, contentious and non-contentious proceedings once the application for Special Fractionation is submitted, among others.
Further details on the regulation of this incentive will be approved by Supreme Decree within the 60-day period established in the Decree.
At Thorne, Echeandía y Lema Abogados, we offer the “Tax advisory service to access Special Fractionation” with our tax and accounting team. We are available to answer any service proposal requests, questions, or clarifications. Don’t hesitate to contact us:
Pilar Santillán Meza
