SPECIAL INSTALLMENT PAYMENTS LAW 27344 - INRA-PE.27

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SPECIAL INSTALLMENT PAYMENTS LAW 27344 - INRA-PE.27

1. The beneficiaries of this System are tax debtors, be these individuals or companies, including Local Governments and Central Government institutions and others that prove legitimate right to the benefits, that have debts due up to 30.AUG.2000 and still pending payment, whatever process these debts are in, whether in administrative or legal collection procedures, claims, appeals or legal demands before the Court.  

2. The debts included in this System are:

1. The duties liable in the Customs Declarations (Definitive Imports) whose goods are legally abandoned at 30.AUG.2000. 
2. Notifications of Duties Payable that are payable and still pending at 30.AUG.2000.
3. Self-assessed duties linked to duties payable at 30.AUG.2000
4. Notifications of Duties Payable on fines originated by tax and/or administrative infractions or, in the case the date of inspection cannot be established, detected up to 30.AUG.2000. 
5. Self-assessed declarations of fines for infractions committed and not detected to 30.AUG.2000. 
6. Debts included in company restructuring processes or similar demanded by 30.AUG.2000. The claim must be filed according to No.2.3, Art. 2° of the System Regulation – D.S.N° 110-2000-EF dated 11.OCT.2000.
7. The costs and expenses generated up to the date of filing the claim on debts pyable at 30.AUG.2000, linked or not to debts approved for the claim. 
8. The surcharges, adjustments and interest on the debts included in the System. 
9. The amount pending payment on installments of tariff duties, taxes and/or installment terms that exclusively cover debts payable to 30.AUG.2000, whether these benefits are within the valid period or if a loss has been incurred, including the amount pending payment that is stipulated in an administrative document notified to the debtor. 
10. In the case of remnants of taxes for which payment by installments is requested. If the request covers the remnants of fines, these will be eligible for benefits under the fine extinction mode. 

Tax debts payable by 30.AUG.2000 by companies undergoing bankruptcy/liquidation process as per Art.413° of Law N° 26887, providing the General Meetings decide to revoke the dissolution agreement so that the company can continue its business. 

3. Fines by the supervisory companies for infractions set out in D.S. N°005-96-EF are not included in this System. 
4. Subjects not included within the System:

Those described in numbers 4.1 and 4.2 , Art. 4° of the Regulations governing the System - D.S.N°110-2000-EF .

5. Currently valid payment by installments of tariffs, taxes and/ or postponements. 

1. The resignation to the benefits is understood by presenting the request for application to the System. 
2. In the case of debts included in the applications for specific postponement or payment by installments regulated by article 36 of the Tax Code, the acceptance of these same debts to within the System implies reliquinshing the previously mentoned requests.  

6. Updating of the debt governed by the System.

a) Debts in US dollars must be converted into national currency, using the exchange rate quoted by the Superintendency of Banking and Insurance that is valid on the date of payment in the case of payment by installments and/or advance payments, or the the date collection is due (Table Nº3 of the System Regulation). 

b) In the case of payment by installments of tariffs, taxes and/or valid and unrecoverable postponements, the only application valid is on the amount pending payment. If partial payments exist, on thel balance of the debt still pending on the date of the last installment, only the payments made up to 31.JUL.2000 are considered; if no partial payments exist, the amount of the debt accepted for tax benefits is considered.  

c) The balance of the duty is updated by multiplying that sum by the factor corresponding to the date of its collection (TAble Nº1 of the System Regulations). In the case that  payments being made by installments on tariff duties, taxes and/or postponements have been considered lost or unrecoverable and have not been not notified, the date of collection to be considered is that of the acceptance or approval of the benefits, providing no quotas have been paid.  

d) In the case of debts with partial payments, the date for collection is that of the last payment. 

e) Expiry of obligations

The expiration of a debt made up exclusively of fines, surcharges, interest, readjustments, costs and expenses can be declared when those concepts are included in the request for acceptance to the System's benefits. 

f) Mode of Payment

• Payment in Cash: The debt may be paid in cash wth an early payment benefit equivalent to 10% of the debt.
• Payment in Installments: Tax debtors who apply for payment in installments must pay an initial downpayment of n less than 5% of the debt. 

7. Unnotified loss of the right to tax installments and postponements.           When tax benefits are lost and CUSTOMS has not notified the failure, the balance of the tax is determined by attributing the payments already made according to the regulations of each benefit, as if no loss had been caused.                     

8. Tax debtors may apply for beneifts under this System until 31.01.2001.

1. The request for approval is presented by the beneficiaries to the Collection Area of the Customs Intendency where the duty originated. 

2. The beneficiaries who are domiciled in Lima but who have tariff debts determined by Customs offices in the provinces, and tariff debts determined by the National Technical and Supervisory Customs Intendencies,present their request via the National Intendency of Customs Collection, for approval of the payment by installments.                                                                   Beneficiaries domiciled in the provinces can file their request in the Collection and Accounting Areaof the Customs Intendency nearest to their place of residence. Said Area determines the downpayment and later transfers the file to the Customs Intendency where the debt originated, for approval to the System.                                                                          Beneficiaries with generate duty debts from different Customs Intendencies must file a request with each Customs Intendency. 

3. The request (original and copy), and the pertninent annexes are to be accompanied by the following documents:

1. Identification documents of the beneficiary:

a.1) Individuals:

- Simple copy of Electoral Registration Card, National Identity Card, or other document. 

a.2) Companes/Businesses:

- Simple copy that confirms power of attorney of legal representative or other representative granted before a Notary Public or filed in the Public Registry. 

- Simple copy of the Electoral Registration Card, National Identity Document or other document of the Legal Representative or other representative. 

In the case of Foreign Trade Operators registered with Customs, the requirements listed in  a.1) y a.2) will not be necessary.

2. Simple copy of desistance presented before the corresponding administrative and judicial office. 
3. In the case of duty debts included within a company restructuring process and similar procedures, a certified copy of the Minutes of the Creditors Meeting which expressly includes the approval of the Creditors to change the company's status from that of liquidation to financial/asset restructure. The copy must be filed within sixty (60) days from the day following the approval up to 31.JAN.2001.  

In the event that the company is in the process of liquidation, a copy must be presented of the Minutes of the General Meeting in which there is proof of the decision to revoke the status of dissolution so that the company can continue with its business. 

4. Certified copy of the Minutes of the General Meeting or Creditors Meeting which expressly indicate the approval for the company, in process of restructure or liquidation, to apply for the benefits. 
5. If the request for payment by installments is filed by a tax debtor who is not proprietor of the merchandise, a legalized document that specifically indicates the proprietor must be presented.

1. The debtor loses the installments benefit granted, in the following cases:

1. When two (02) or more consecutive quotas are not paid by collection date. The collection will be made for the total of the pending quotas, duly updated as per article 33 of the Tax Code. 
2. Likewise, the loss of the installments benefit will be declared when the last two quotas or the last quota have not been paid within the deadline. A

2. If any of the above occur, the Chief of the Collection and Accounting Area orders the notification to the interested party of the Resolution that declares the loss of the benefit. If an appeal is not filed within the set time, the Chief orders the execution of the guarantees and/or the judicial collection orders for the total of the amortization and corresponding interest of the qutoasstill pending.           If an appeal is filed, the beneficiary must continue to pay the quotas until there is a final decision on the appeal.                

3. The balance of the amount that loses the System benefits is registered in a Collection Notice and notified jointly with the Resolution declaring the loss of the benefit. The issue of a collection notice does not annul the payment schedule.  
4. The loss of the benefit System does not annul the benefits already granted, such as the updating of the debt under the System, as well as the annulment of fines, surcharges, interest, readjustments, costs and expenses. 

The forms and other procedures related to the Special payment in installments 27344 can be found in Specific Procedures --INRA-PE.27 of 23.OCT.2000.