Description
EXECUTION OF INVESTMENT CONTRACT TO APPLY FOR THE SPECIAL REGIME OF GENERAL SALES TAX REFUND 1
The regime consists of refunding the General Sales Tax (IGV) that has been transferred or paid for in the operations for the import and/or local acquisition of intermediate goods, capital goods, and construction services and contracts, during the pre-operating stage of the public infrastructure and public service works.
CONCEPTS:
Beneficiary:
Private: Legal persons entering into concession contracts, pursuant to the provisions of Supreme Decree No. 059-96-PCM, and amendments thereof, which are in the pre-operating stage of the Work.
State-owned: Companies of Private Law State of the national, regional and local government carrying out public infrastructure and public service works that are in the pre-operating stage of the work.
Investment Commitment: Investment amount to be executed from the date the application to execute the Investment contract is submitted, in case the pre-production stage of the project has already started by that date; or from the start date of the pre-production stage contained in the investment schedule of the project, in case it starts after the date of the application.
Goods and construction services and contracts: The goods and construction services and contracts acquired from the date of the application to execute the Investment contract, in case the pre-production stage of the project has already started by that date; or from the start date of the pre-production stage contained in the investment schedule of the project, in case it starts after the date of the application.
REQUIREMENTS:
This regime can be accessed by natural or legal persons investing in any sector of the economic activity, generating Third Category income and complying with the following requirements:
• Sign an Investment contract with PROINVERSIÓN and the corresponding sector for investing in public infrastructure and service works, committing themselves to invest not less than USD 5’000,000.00 during the pre-production stage.
• Obtain the Ministerial Resolution granted by the corresponding sector, approving the persons that are eligible to benefit from that regime, as well as the goods, and construction services and contracts that shall benefit from the Tax Refund.
DOCUMENTATION TO BE SUBMITTED TO PROINVERSION:
One application addressed to the Directorate of Investor Services, attaching the following documents:
1. Form, filled out and countersigned by the legal representative.
1 Law N° 28754, published on 06/06/2006; Law N° 30264, published on 11/16/2014; Supreme Decree N° 110-2007-EF, published on 07/30/2007; Supreme Decree No. 067-2015-EF, published on 03/26/2015 and Supreme Decree No. 127-2017-EF, published on 05/07/2017.
EXECUTION OF INVESTMENT CONTRACT ADDENDUM TO APPLY FOR THE SPECIAL REGIME OF GENERAL SALES TAX REFUND 2
Companies that benefit from the regime may submit to PROINVERSIÓN an application for the execution of the Investment contract Amendment Addendum and for the amendment of the Ministerial Resolution through which they were eligible to benefit from the Regime.
Applications for the execution of Investment contract Amendment Addendums shall be submitted to PROINVERSIÓN, within the period of validity of the Investment contract, which will be set out in the agreement for compliance with the investment commitment; and shall be processed in accordance with the applicable procedure for the execution of Investment contracts.
Effects of the approval of the applications submitted regarding the execution of Investment contract Amendment Addendums shall have retroactive effect to the date the application is submitted or the effective date of the addendum of the corresponding Sectoral contract or amendment of the sector authorization, as the case may be, which shall be recorded in the corresponding addendum
DDOCUMENTATION TO BE SUBMITTED TO PROINVERSION:
One application addressed to the Directorate of Investor Services attaching the following documents:
1. Form, filled out and countersigned by the legal representative.
2 Law N° 28754, published on 06/06/2006; Law N° 30264, published on 11/16/2014; Supreme Decree N° 110-2007-EF, published on 07/30/2007; Supreme Decree No. 067-2015-EF, published on 03/26/2015 and Supreme Decree No. 127-2017-EF, published on 05/07/2017..