Procedure

PROCEDURES FOR BENEFITING FROM THE SPECIAL REGIME FOR ADVANCE RECOVERY OF THE GENERAL SALES TAX (RERA VAT)

With the publication of Legislative Decree No. 1423 (September 13, 2018) which amended Legislative Decree No. 973, the execution of an Investment Agreement with the Peruvian State is no longer required to qualify for the Special Regime for Advance Recovery of VAT (RERA VAT), being only necessary the issuance of a Ministerial Resolution that qualifies the natural or legal person as a beneficiary thereof.

Nonetheless, the Single Transitory Supplementary Provision of Legislative Decree No. 1423 states that its provisions are applicable to the requests for acceptance that are filed as of its effective date1; in the case of projects whose requests are in process or have already acceded to the Regime, they shall continue to be governed by the rules in force prior to this Legislative Decree.

To request access to this Regime, the following procedures must be followed:

1	Request for Benefiting from the Special Regime of Advance Recovery of VAT
2	Request for Subscribing an Addendum to Investment Agreement to benefit from the Special Regime of Anticipated Recovery of VAT
3	Request for Amending the Ministerial Resolution that approved the Benefit to the Special Regime of Anticipated Recovery of VAT

¹ The First Final Supplementary Provision of Legislative Decree No. 1423 establishes that it shall become effective as of the first day of the month following the date of publication of the Supreme Decree amending the regulatory provisions. Such Supreme Decree (S.D. No. 276-2018-EF) was published on November 30, 2018, therefore, the provisions of Legislative Decree No. 1423 became effective as of December 1, 2018.