Peruvian Tax Court rules Peruvian payor may not consider double tax treaty benefits when determining withholding tax because the Certificate of Residency was issued retroactively

On 28 September 2020, the Peruvian Tax Court held (Resolution 5934-5-2019) that a nonresident must provide a Peruvian payor with a Certificate of Residency when withholding is triggered for the payor to apply double tax treaty (DTT) benefits when calculating the withholding tax on the transaction.

Background

According to Peruvian tax legislation, to invoke the benefits of a DTT, nonresidents must give the Peruvian payor a Certificate of Residency that meets the following requirements:

• Establishes t…