DUTIES LEVIED ON IMPORTATION
Here it is a list on duties levied on importation:
1. Ad valorem Tax
It means a tariff duty levied on goods importation.
Taxable base: Customs CIF value determined according to WTO Valuation Agreement.
Taxable rate: three (03) levels: 0%, 9% or 17% according to domestic subheading.
2. Ad Valorem Provisional Correctional Duty
It means correctional measures applied by Peru to other Member Countries from the Andean Community, which are non-discriminatory according to the Cartagena Agreement.
It is applied to importation of pig fat, including lard under subheadings NANDINA 1511.90.00, 1516.20.00, and 1517.90.00, from Colombia and Venezuela.
Taxable rate: 29% CIF Ad Valorem (Legal basis: Ministerial Resolution Nº 226-2005-MINCETUR/DM published in the Official Gazette El Peruano on 27.07.2005).
3. Specific Duty - Price Band System
This tariff duty levies on import of agricultural products such as rice, maize, milk and sugar (marker and related products), fixing additional variable duties and tariff reductions according to a lower and upper price band as determined in Customs Tables.
Additional variable duties and tariff reduction are determined based on Customs Tables in force when numbering an import declaration, applying reference CIF prices (in US$ per metric ton) from fifteen days before the numeration date. If there is a fraction in the net weight, a corresponding proportional rate will be charged.
Article 4° in Supreme Decree N° 153-2002-EF establishes that additional variable duties plus CIF Ad Valorem duties, including an additional tariff surcharge, cannot exceed the Basic Tariff consolidated by Peru before the WTO for domestic subheadings, which are included in the Price Band System.
4. Selective Consumption Tax (Impuesto Selectivo al Consumo - ISC)
This tax is levied on import of certain items such as fuel, liqueurs, new and used cars, carbonated beverages and cigarettes.
This tax is applied under three systems:
- Ad valorem system: A taxable base is comprised by the Customs CIF value as determined by the WTO Valuation Agreement plus import tariff duties.
It is applied to goods contained in Letter A of Appendix IV in the Ordered Single Text of the Law on General Sales Tax and Selective Consumption Tax, approved by S.D. N° 055-99-EF and amendments.
- Specific system: A taxable base is comprised by the imported volume expressed in measurement units.
It is applied to goods contained in New Appendix III in the Ordered Single Text of the Law on General Sales Tax and Selective Consumption Tax, approved by S.D. N° 055-99-EF and amendments.
- System on sales price to the public: A taxable base is comprised by the sales price to the public suggested by the importer multiplied by 0.840. Duty will be determined applying on the taxable base a rate established in Letter C of Appendix IV in the Ordered Single Text of the Law on General Sales Tax and Selective Consumption Tax, approved by S.D. N° 055-99-EF and amended by Law N° 29740.
5. General Sales Tax (Impuesto General a las Ventas - IGV)
This tax is levied on import of all goods, with exception of those established by the corresponding regulations.
A taxable base is comprised by the Customs CIF value as determined by the WTO Valuation Agreement plus tariff duties and other taxes levied on importation.
Taxable rate: 17% (Law N° 28033, temporary increase of the IGV rate since 1 August 2003).
6. Municipal Sales Tax (Impuesto de Promoción Municipal - IPM)
This tax is levied on import of goods subject to IGV, and its taxable base is the same as that on IGV.
Taxable rate: 2%.
7. Antidumping and Countervailing Duties
An antidumping duty is applied to certain goods whose dumping prices cause or threaten to cause material injury to the Peruvian domestic industry.
A countervailing duty is applied to counteract subsidies directly or indirectly granted in the country of origin when they cause or threaten to cause material injury to the Peruvian domestic industry.
A prior Resolution must be issued by INDECOPI (National Institute for the Defense of Competition and Protection of Intellectual Property) to apply both duties.
Antidumping and countervailing duties are punished by a pecuniary penalty.
A taxable base is comprised by an amount equal to the FOB value declared in a commercial invoice or is based on a fixed amount by weight or unit price.
Regime of Domestic Value Added Tax Pre-Payment (Régimen de Percepción del IGV – Venta Interna)
Scope: This regime is applied to import operations that are levied with IGV but it is not applicable to import operations exempt from IGV.
Operation amount: It is comprised by the Customs CIF value plus all taxes levied on importation, and temporary safeguards, temporary corrective duties, antidumping and countervailing duties, as appropriate.
Amendments to Customs value or amendments coming from a change in domestic subheadings declared in a unique or simplified Customs declaration will be taken into account to determine the operation amount. Even when these amendments have been challenged and provided that this challenge is held before goods are released and that the additional amount on a Domestic Value Added Tax Pre-Payment, corresponding to an importer as a result of such amendments, is worth more than one hundred Nuevos Soles (S/. 100).
Percentages on operation amount:
10% when at DUA or DSI numeration date, an importer meets any of the following conditions:
- Importer is not found in his/her address for tax purposes.
- SUNAT notified deregistration of the Unique Taxpayer Registry (RUC).
- Importer temporarily suspended activities.
- Importer does not have a RUC or does not consign it in a DUA or DSI.
- Importer holds for the first time an operation and/or customs regime.
- Even though importer has a RUC, s/he is not subject to IGV.
5% when an importer nationalizes used goods.
3.5% when an importer does not fit in any of the abovementioned cases.
SUNAT may establish that the amount on a domestic value added tax pre-payment, for certain goods as established in a Superintendency Resolution, shall be determined considering the highest amount resulting from comparing the results from:
- multiplying a fixed amount by the number of imported goods units as consigned in the Customs declaration. The weighted average selling exchange rate will be applied to the resulting amount.
- applying a percentage (10%, 5% or 3.5%) as appropriate to the operation amount.
In goods outright importation by means of a Simplified Import Declaration (DSI), the amount of a Domestic Value Added Tax Pre-Payment will be determined considering percentages instead of a fixed amount.
(*) Law N° 28053 dated on 08.08.2003, Legislative Decree Nº 936 dated on 29.10.2003 and Resolution N° 203-2003-/SUNAT dated on 01.11.2003 and amendments.
DUTIES LEVIED ON EXPORT
Goods export is exempt from duty payment.