Editor’s Note
**Editor’s Note:** The Executive Branch has issued Legislative Decree No. 1552, reclassifying metal sales from mining producers to domestic jewelry manufacturers for the external market as exports, thereby modifying the General Sales Tax and Selective Consumption Tax laws.
The Executive Branch issued a legislative decree today, within the framework of the powers granted by the Congress of the Republic, to consider the sale of metal by mining producers to domestic jewelry manufacturers destined for the external market as an export.
Through Legislative Decree No. 1552, published today in the official newspaper El Peruano, the General Sales Tax (IGV) and Selective Consumption Tax (ISC) Law is modified.
The regulation provides an export tax treatment to mining producers with the aim of promoting the sale of metals to domestic jewelry manufacturers, so that they can have raw materials to produce and export them.
Therefore, numeral 13 is incorporated into Article 33 of the Consolidated Text of the General Sales Tax and Selective Consumption Tax Law, according to the following text:
13. The sale of metals by mining producers to domestic jewelry manufacturers, provided that the transferred metal is incorporated into the product to be exported and that, at the date of the transaction, the mining producer and the domestic jewelry manufacturer are registered in the registries established by the regulations (which are constitutive in nature), and have not been classified by SUNAT in either of the two lowest compliance levels established in Legislative Decree No. 1535 and its regulatory norms.
The domestic mining producer is obliged to communicate the delivery of the metal to the domestic jewelry manufacturer to SUNAT within a period not exceeding five business days after it occurs. By the following calendar day after receiving the communication, SUNAT sends it to the domestic jewelry manufacturer, who must confirm receipt of the metal within five business days from when the communication was sent.
The communication and confirmation are made through the means that SUNAT provides for this purpose. By superintendence resolution, SUNAT regulates the means, form, and conditions for the mining producer to submit said communication and for the domestic jewelry manufacturer to grant confirmation.
For the sale of metals by the mining producer to be considered an export operation, the communication must have been made and the confirmation granted within the deadlines indicated in the preceding paragraph, in accordance with the provisions of SUNAT.
The jewelry made with the sold metal must be shipped within a period not exceeding 60 business days from the date of delivery of the metal to the domestic manufacturer.
The granting of confirmation by the domestic jewelry manufacturer entails its acceptance of the obligation to ship the jewelry made within the deadline indicated in the previous paragraph.
If for any reason, once the 60 business day period has expired, the shipment has not been made, the party responsible for the export of the finished product assumes responsibility for the payment of the corresponding taxes.
Source: Andina
DECREE LEGISLATIVE No. 1552
THE PRESIDENT OF THE REPUBLIC
WHEREAS:
That, through Law No. 31696, which delegates to the Executive Branch the power to legislate on economic reactivation and modernization of state management, the Congress of the Republic has delegated to the Executive Branch the power to legislate on economic stimulus for economic reactivation for a period of ninety (90) calendar days;
That, literal d) of paragraph 2.1.3 of numeral 2.1 of Article 2 of the aforementioned legal provision establishes that the Executive Branch is empowered to modify the General Sales Tax and Selective Consumption Tax Law, whose Consolidated Text was approved by Supreme Decree No. 055-99-EF, with the purpose of considering as an export the sale of metal by mining producers to domestic jewelry manufacturers destined for the export of jewelry;
In accordance with the provisions of Article 104 of the Political Constitution of Peru and in exercise of the powers delegated by literal d) of paragraph 2.1.3 of numeral 2.1 of Article 2 of Law No. 31696;
With the approving vote of the Council of Ministers;
Subject to reporting to the Congress of the Republic;
Has issued the following Legislative Decree:
LEGISLATIVE DECREE THAT MODIFIES THE GENERAL SALES TAX AND SELECTIVE CONSUMPTION TAX LAW
Article 1. Purpose
This Legislative Decree aims to modify the General Sales Tax and Selective Consumption Tax Law, whose Consolidated Text was approved by Supreme Decree No. 055-99-EF, in order to consider as an export of goods the sale of metal by mining producers to domestic jewelry manufacturers destined for export.
Article 2. Objective
This Legislative Decree provides an export tax treatment to mining producers with the aim of promoting the sale of metals to domestic jewelry manufacturers, so that they can have raw materials to produce and export them.
Article 3. Incorporation of numeral 13 in Article 33 of the Consolidated Text of the General Sales Tax and Selective Consumption Tax Law
