:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/2KIR5T2IFVBL3M3HACY6GKQ6NA.jpg "MEF: the decision of the TC which prohibits the collection of default interest on the debts in dispute could generate a budgetary cost of 12,000 million Ugandan shillings")
About the sentence of constitutional Court which establishes that the Sunat cannot charging interest moratoriums on tax debts when the legal deadline for the resolution of the administrative appeal has expired, the Ministry of Economy and Finance (MEF)through a statement, indicated that the decision could generate a fiscal cost for the country of 12,000 million S/ which corresponds to the debts generated years ago and not paid to date.
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The agency said the ruling “establishes precedent-based rules to significantly reduce the payment of default interest and tax debts in dispute.”
“This calculation made by the Sunat does not include the loss generated by the elimination of the TIM for the processes that, in the future, reach the judiciary,” said the MEF.
Due to these deleterious effects, the Economy and Finance Sector submitted, through the Sunat, a request to set aside the judgment and through the Attorney General’s Office MEF a request for clarification of the judgment.
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He MEF explained that the goal is to CT may reconsider this decision which, in addition to affecting tax policyIt also affects citizens in general because it delays the satisfaction of their needs, since it generates a reduction in future income which would allow the State to fulfill its functions.
“The State recognizes the importance of promoting and encouraging the private investment in the country, without differentiating the size of the company or the natural person, guaranteeing for this the predictability and stability of the tax regulations, however, it also exercises the defense of its interests and the proper functioning of its fiscal instruments“, remarked the entity of the Executive.
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Also MEF pointed out that the constitutional Court, although it issues a decision as part of an individual taxpayer application process, it converts its decision into a rule of general application to all pending cases; jeopardizing even cases in which final convictions have recently been obtained in Judicial authority in favor of the Peruvian State.
He also stated that, by this decision, the constitutional Court assumes the role of a positive legislator and thus exceeds its powers, transgressing the principle of functional correctness and seriously affecting tax policy. Thus, this sentence generates the following perverse effects:
i) Eliminates much of the late payment interest on debts in tax disputes in all instances (SUNAT, Tax and Judicial Court), which favors and does not reduce disputes. The moratorium interest rate (TIM) is a central element of tax compliance because it not only represents compensation for the state for taxes that are not paid on time, but it is also a mechanism to encourage their payment. within the deadlines.
ii) It goes against the tax policy developed by the MEF over the last 30 years. In practice, this decision generates an amnesty for companies that resort to litigation, which will not pay compensation to the State for not having paid their tax debts on time, penalizing good taxpayers who have paid what was due on time. . Discriminatory treatment is generated to the detriment of good taxpayers.
iii) Tax policy is affected. The application of the TIM is eliminated when these cases reach the judiciary. The tax policy has already incorporated a penalty for the State when the legal deadlines are exceeded, since the TIM is no longer applied and the amounts are updated with the consumer price index (CPI) to preserve the value in time. This provision was not extended to the judicial discussion phase because it is a state power endowed with full autonomy.
“There State tax policyin recent years, has incorporated self-induced improvements in procedures and litigation processfor the recovery of tax debts, with the aim of accelerating them, reducing costs for citizens and increasing predictability”, underlined the MEF.
Also MEF He maintained that, among the objectives of its tax policy, the State ensures that everyone pays the taxes that are legally due to them. It is a matter of constitutional legitimacy and social justice.
“All companies and individuals, without exceptions or privileges, must pay their taxes, on time. If this does not happen, there must be compensation, as happens in any type of debt, even those of a private nature. THE default interest they are present, with a similar name, in all modern legal systems,” he pointed out.