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Peru Tax Authority Holds Tax Treaty with Chile Does Not Provide for Taxation of Indirect Disposal of Shares in Peruvian Companies

|Treaty Development|Peru-Chile
Peru-Chile

The Peru tax authority (SUNAT) recently published Report No. 001-2021-SUNAT/7T0000 concerning whether capital gains derived by a resident of Chile are subject to taxation in Peru from the indirect disposal of shares in a company in Peru as a result of the disposal of shares in a company in Chile.

The report notes that under Peru's Income Tax Law, such indirect disposals may be subject to taxation in Peru where certain conditions are met. However, given that the person indirectly disposing o…

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