Taxpayers liable to file the Beneficial Owner Affidavit are legal persons and legal arrangements required to identify, obtain, update, declare, keep and provide information on beneficial owners including supporting documentation.
Legal Basis: Item c) in paragraph 3.1 of Section 3 of Legislative Decree 1372.
THE FOLLOWING LEGAL PERSONS AND LEGAL ARRANGEMENTS ARE EXEMPTED FROM FILING THE AFFIDAVIT:
- Central Reserve Bank of Peru, as well as banks and financial institutions holding a capital stock of 100% owned by the Peruvian State.
- Catholic Church. Within this category we find the Peruvian episcopal conference, archbishoprics, bishoprics, prelacy, apostolic vicariate, diocesan seminary, parishes and missions depending on them, religious orders and congregations, secular institutes stated under the corresponding dioceses recognized as such by the competent ecclesiastical authority registered in the List of Entities exempted from the income tax of the National Superintendence of Tax Administration (SUNAT).
- Public Administration Entities (The Executive Branch, including Ministries and Decentralized Public Entities, Legislative Branch, the Judiciary, Regional Governments, Local Governments, Entities to which the Political Constitution of Peru and the laws provide autonomy, as well as other entities and bodies, State-owned projects and Programs).
- National Fund for the Financing of State Business Activity (FONAFE).
- Embassies, Diplomatic missions, consular bureaus or international organizations recognized before the Peruvian State.
- Public Universities, Public Institutes and Public Higher Schools, Public Educational and Public Cultural Centers.
- State-owned companies holding a capital stock of 100% owned by the Peruvian State.
SUNAT, through a Superintendency Resolution, may approve other cases of exception to the filing of Beneficial Owner Affidavit.
Legal Basis: Section 5 of Emergency Decree 025-2019.