02/01/1911 Return of Duties paid on imports of goods - Drawback 1. Introduction
Part of the export promotion schemes in force which can accommodate those people, whether natural or legal persons who qualify as a producer - exporter, is referred to p Simplified procedure for refund or Duties Drawback, the same can be obtained as a result of export refund a percentage of FOB value of the exported product, because the cost of production has increased by tariffs levied on imports of inputs used or consumed in the production of exported goods, in this regime, there are included the marketers.
2. drawback beneficiaries
beneficiaries are simplified procedure for refund of duties producers - exporters , the cost of production has been increased by the customs duties levied on imports raw materials, inputs, intermediate products and parts or components incorporated or consumed in the production of export property, provided they do not exceed the limits.
3. Production Companies - Exporters
company is considered Producer - Exporter, any natural or legal person to develop or produce products that are the subject of export, the cost of production has been increased by the customs duties levied on imports of inputs used or consumed in the production of exported goods.
also
producer is considered - one that handles export to third parties the production or processing of goods exported, being acquired production requirement has been the subject of a written agreement or contract between the exporter and producer. This condition is credited with the submission of the relevant invoice by outsourcing the production process. In this case, there must be an outsourcing contract, because the document is usually requested by the Customs Administration in subsequent audits.
For business cooperation contracts without independent accounting, maintaining quality producer - exporters, those acting as operators of such contracts, provided that imported or purchased in the local market or processed goods imported inputs to imported inputs for incorporation in exported products, acting at the final stage of the production process even though their intervention is carried out through third party services, and export the finished products.
4. inputs
The term Supplies, including raw materials, intermediate products and parts.
- Raw : Any substance, element or subject matter for a product, including those that are consumed or directly involved in the production or manufacturing process, or serve to maintain the export product. Be considered as raw material labels, packaging and other items necessary for the preservation and transportation of the exported product.
- Intermediate products: Those items that require further processing to acquire the final form to be incorporated into the exported product.
- part : That unit previously manufactured, as further physical division produces its uselessness for the purpose for which it was intended.
- Party: The assembly or combination of pieces, held together by any means fasteners, intended to constitute a larger unit.
· scrap, waste or by-products or waste with no commercial value and : Those residues or unusable waste resulting from production process, which for these effects are deemed to be incorporated or consumed in the exported.
5. Imported inputs included in the exported goods
can be
the following:
a. imported inputs directly to the recipient.
b. importers purchased supplies located in the country (local providers).
c. developed with input goods imported by third
6. Exported goods eligible
exported goods subject to simplified restitution are those whose production involves the use of raw materials, inputs, intermediate products or components or parts imported CIF value does not exceed 50% of FOB value of the exported product.
For this purpose, it is understood as the value of the exported products FOB value of the respective asset, excluding commissions and other expenses deductible on the final result of the export operation , in dollars of the United States.
7. Exported products that are not eligible for drawback
not eligible for the refund, exports of products that have incorporated foreign inputs:
a. Entered under the regimes of temporary admission for re-exportation in the same state and / or Inward, unless they have been previously nationalized paying the full tariff.
b. Nationalized under the regime of Goods in Excess Replenishment.
c. Nationalized with tariff exemption, with a tariff preference or special customs exemptions granted by international trade agreements, unless the exporter for the deduction on the FOB value of the amount corresponding to these inputs, which is possible only if of imported inputs purchased locally for consumption without further processing.
d. Nationalized with zero tariff rate, the only input being imported.
e. also not be granted the benefit for the exclusive use of imported fuels or other energy source when its function is to generate heat or power to obtain the exported product, as well as spare parts and supplies consumed or used in obtaining the good.
8. The return rate
The rate of refund on goods defined in the preceding articles shall be equivalent to five percent (5%) of FOB value of exported goods, with the top 50% production cost, but for the period from July 1 to December 31, 2010, the refund rate will be 6.5% of FOB value.
The refund of customs duties will continue until the first U.S. $ 20 000 000,00 (twenty million dollars of United States of America) Annual exports for tariff subheading exporting company and not linked, an amount that can be adjusted according to assessments made by the Ministry of Economy and Finance.
Notwithstanding the foregoing, during the presentation of the application for refund of duties, the exporter shall deduct from the export FOB value mentioned in the preceding paragraph, the amount of imported inputs purchased from third parties :
- They would have entered the country or exempting mechanisms suspensive customs duty exemptions or special customs or any another scheme of devolution or suspensive customs duties and charges or,
- The exporter has been found not adequately determine whether imports of these inputs, the date of filing the refund request has been made through the use of suspensive customs arrangements or exempting him from franchise fees or special customs or any other scheme of devolution or suspensive customs duties and taxes.
Annually 31 March, by Ministerial Resolution issued by the Ministry of Economy and Finance, will identify a list of goods excluded by the amount of export, ranked by the tariff.
9. Issues to consider in the application for refund
- nationalized time imported goods
The refund of customs duties shall be granted whenever imported goods including in the exported product, have been imported into of thirty-six (36) months preceding the date of export, which must be understood as date of importation to the date entered numbering in Import Declaration and as for export to the control date of shipment for Export Declaration.
- Deadline for application should consider exporting
The application for restoration of rights tariff for the exporter, will be presented in Customs export or in premises CUSTOMS determine, within 180 days from the date of shipment control .
c. minimum amount on application
Applications must be submitted for amounts to repay not less than five hundred dollars United States of America (U.S. $ 500 , 00), the subjects may accumulate exports by the same Municipalities Municipality or different customs, to meet or exceed the minimum above.
10. Means by which SUNAT / Customs made restitution
Credit Note
The refund will be made by a credit rating, which will be issued in national currency, considering for so the weighted average exchange rate Shopping for the date of issuance of Credit Note. It also will run for one hundred eighty (180) calendar days of issuance.
claim a refund can give rise to the emission of one or more of a check or credit notes not negotiable.
Credit Notes may be redeemed by issuing non-negotiable checks, provided that such intention has stated Restitution Application.
The term of checks and their loss or misplacement be subject to the provisions of the Act Securities.
Using Credit Note
Note Credit is applicable to the payment of taxes collected by the SUNAT and to cancellation penalties and interest determined by the entity and are income of the Treasury.
Using Credit Note for debt cancellation customs tax and / or charges shall be made prior endorsement for the Customs Administration.
If the effect of its use there is a balance to the beneficiary, it may be used in future payments for that purpose, the Administration should provide the user with a record of such balance and to be retained quartermaster of the original customs Credit Note. The customs authority will monitor the use of that balance to cover the entire Credit Note, proceeding then to put the seal USED.
Note Credit can be used for any customs quartermaster of the Republic.
third Endorsement Credit Note
Credit Notes may be transferred to third parties for endorsement of the payee. Within five (5) days after such a transfer, you must report this fact to the quartermaster's office which issued the document indicating the name and number of RUC of the customer.
11. Qualify for reimbursement
To qualify for the refund of customs duties for exporters should indicate for Export Declaration's will benefit from such treatment.
12. Regarding the request for refund
The refund request has an Affidavit and declare her the beneficiary must not be made use of another processing procedure, as well as special customs exemptions and / or tariff exemptions or reductions of any kind. Further the recipient must declare, when it comes to a related company, the sum of final export companies that are part of your economic unit does not exceed the limit set out in paragraph 8 of this report.
The refund request must indicate the following:
- The percentage of imported inputs incorporated or consumed in the exported product and scrap, waste and by-products , and waste with no commercial value generated in the production process.
- Declaration not having used any other system or suspension of devolution of rights and customs duties or goods that are nationalized with tariff benefits.
13. Linking the end of the refund
In this case, you should take into account the provisions of article 24 of the Regulations of of Law Income Tax , which indicates that means that two or more persons, companies or entities are related parties when any of the following situations .
1. A natural person or legal entity has more than thirty percent (30%) of the capital of another legal person, directly or through a third party.
2. Over thirty percent (30%) of the two (2) or more legal persons belonging to the same natural or legal person, directly or through a third party.
3. In any of the above cases, when the index provides the capital belongs to between spouses or individuals linked to the second degree of consanguinity or affinity.
4. capital of two (2) or more legal entities owned by more than thirty percent (30%) common to these partners.
5. legal persons or entities have one or more directors, managers, administrators or other common directors, who are empowered in financial arrangements, operational and / or commercial adoption.
6. Two or more individuals or legal entities consolidated financial statements.
7. There is a business cooperation agreement with independent accounting, in which case the contract shall be connected to those contracting parties involved, directly or through a third party in more than thirty percent (30%) in heritage of the contract or any of the contracting parties are empowered in financing agreements, commercial or operational measures taken for the development of contract case in which the contracting party exercises decision-making power will be connected to the contract.
8. In the case of a business cooperation agreement without independent accounts, linking each of the parties in the contract and the counterparty shall be checked using some of the points of attachment established in this article.
counterpart means the natural person or legal entity which the parties concluded an operation members to achieve the object of the contract.
9. a contract of joint venture, in which any of the partners, direct or indirectly, participate in more than thirty percent (30%) in the results or profits of one or more businesses asociante, in which case they are deemed to be related between the entrepreneur and each of its partners.
also deemed to be related if one of the partners decision-making powers in the financial, commercial or operational in one or more businesses asociante.
10. A non-domiciled company has one or more permanent establishments in the country, in which case there linkage between non-domiciled company and each of their establishments and among them one another.
11. A company based in Peruvian territory has one or more permanent establishments abroad, in which case there links between company established and each of its permanent establishments.
12. A natural or legal person exercising dominant influence over the decisions of administrative bodies of one or more legal persons or entities. In such a situation, be regarded as legal persons or entities linked influenced each other and with the natural or legal person exercising such influence.
means a natural person or legal entity when dominant influence in the adoption of the agreement, exercises or controls an absolute majority for decision-making bodies administration of the legal person or entity.
In the case of decisions relating to the matters referred to in Article 126 ° the Companies Act, there will be the dominant influence of the natural or legal person participating in the adoption of the agreement, itself or with the involvement of votes of others, is in the act of polling the highest number of subscribed shares with voting rights, as long as it has at least ten percent (10%) of the shares subscribed voting.
will also be given the treatment of related parties when a person, company or entity domiciled in the country do, in the previous tax year, eighty percent (80%) or more of their sales of goods, services or other type of operation, with one person, company or entity domiciled in the country or people, companies or entities linked, domiciled in the country, provided that such operations, in turn, represent at least thirty percent (30 %) of purchases or acquisitions elsewhere in the same period. For enterprises that have activities for longer than three taxable years, these percentages are calculated taking into account the average percentage of sales or purchases, as applicable, made in the three years immediately preceding taxable. The provisions of this subparagraph shall not apply to transactions by the companies that make Business Activity State in which the State's share is greater than fifty percent (50%) of the capital.
The connection, according to one of the criteria set forth in this Article shall also operate when the transaction is performed using interposed persons or entities domiciled or not in the country for the purpose of concealing a related party transaction.
The link is now configured and governed according to the following rules:
a. In the case of paragraphs 1) to 11) when you check the grounds. Set the link, it governed from then until the close of the taxable period, unless the causal link has ceased before that date, in which case the link is configured for that period.
B. In the case of numeral 12), from the date of adoption of the agreement until the end of next tax year.
c. In the case referred to the second paragraph of this article, the percentage of sales, service or other operations as well as the percentages of purchases or acquisitions will be verified at the end of each tax year . Set the link, it shall govern for all the following year.
14. SUNAT term that resolves the refund application
a. Maximum of resolution
SUNAT must resolve the request within a maximum of ten (10) working days from the filing date thereof. After this period SUNAT must submit the respective credit rating.
b. Situations that rolled-
When there are indicators sufficient risk placement for suspecting abuse to the refund of duties, SUNAT may undertake a special audit, ranging up to six (6) month deadline for resolving the request for refund of duties. To this end, a finding of sufficient risk indicators where the exporter is in two or more of the following situations:
a) No export declarations have numbered over a period longer than 12 months the date of filing.
b) Have a share capital and paid to the date of filing of Application Restitution less than 5% of the accumulated export volume in the year of filing.
c) Goods exported tariff subheadings corresponding to high-risk identified by SUNAT .
d) Has not provided the documentation and / or information required by management for audit; or have submitted it, this is inconsistent.
e) has not complied with its formal obligations and / or substantial relation to the payments or the regularization of the Income Tax and / or contributions to ESSALUD and ONP, for the past twelve months, including the month in which the export was behind Restitution Application.
f) If the Gross Profit percentage of the cost of production of the exported good is greater than 350%.
In case the exporter would have guaranteed the amount for which refund is sought, by Letter of Guarantee, SUNAT may require the applicant to extend the term of validity of this for up to six (6) months from the date of the filing date thereof, provided that the audit had special provisions provided for in this article.
15. Exports not eligible
may not receive the refund system, exports of products that have incorporated foreign inputs which have been entered into the country through the use of mechanisms suspension or exempted customs duty exemptions or special customs or using any other scheme or suspending devolution of rights and customs duties. To overcome this limitation, the exporter must certify to the filing of the Affidavit of their respective local supplier, in the case of inputs purchased from third parties. "
not be considered to fulfill the provisions in the preceding paragraph if the exporter had been deducted from the export FOB value the amount corresponding to these inputs, according to the provisions of paragraph 8 of this report.
16. OFFENCES, PENALTIES AND OFFENCES
regard to this part, applies the provisions General Law Customs approved by Legislative Decree No. 1053, the Table of sanctions approved by Supreme Decree N º 031-2009-EF, Crimes Act approved by Customs Law No. 28008 and its Regulations approved by Supreme Decree N º 121-2003-EF and other standards.
Additionally, Law No. 29326 provides for the following offenses:
a. When exports of products for which restitution was obtained improperly built with inputs that have been imported by the exporter and they had been entering the country through the use of suspensive customs arrangements or exempt from tariffs or tax exemptions special customs or using any other scheme or suspending devolution of rights and customs duties.
Without prejudice to the obligation to repay the amount returned in the case of course outlined in the preceding paragraph, the fine is equivalent to fifty percent (50%) of the amount improperly restored.
b. When the final export product for which restitution was obtained improperly built with inputs that have been purchased from local suppliers and that would have been entering the country through the use of suspensive customs arrangements or exempt from tariffs or tax exemptions special customs or using any other scheme or suspending devolution of rights and customs duties.
Without prejudice to the obligation to return the amount repaid in the case of course outlined in the preceding paragraph, the fine is equivalent to twenty-five percent (25%) of the amount improperly restored.
not be considered as raw material fuel or any other energy source when its function is to generate heat or power to obtain the exported product. Neither is considered as raw materials and supplies spare parts consumed or used in obtaining these assets.
Under with Article 1 of Supreme Decree N ° 018-2009-EF, issued on January 30, 2009, for the period between the effectiveness of that provision until December 31, 2009, the rate of return was 8%, then accordance with Article 1 of Supreme Decree No. 288-2009-EF, published on 08 December 2009 and effective from January 1, 2010, the rate of return for the period from 1 January 2010 to 30 June 2010 was set back by 8%, also indicating that as of July 1, 2010 to December 31, 2010, the rate of return is 6.5%. The aforementioned Decree came into force from January 1, 2010.
In accordance with Article 3 of Supreme Decree No. 288-2009-EF, published on December 8 2009, from January 1, 2011, the refund rate will be 5%.
On this point should review R. N º 003-2006-SUNAT-A, Article 1 (subheadings considered as risk indicators for the Simplified Procedure Return Duties)