Peru

A. Progress in the implementation of the minimum standard

Peru has eight tax agreements in force, as reported in its response to the Peer Review questionnaire, including the Decision 578 of the Andean Community Commission (Decision 578) for the members of the Andean Community.1

Peru signed the MLI in 2018, listing seven tax agreements.

Peru is implementing the minimum standard through the inclusion of the preamble statement and the PPT.2

The agreements that will be modified by the MLI will come into compliance with the minimum standard once the provisions of the MLI take effect.

Peru indicated in its response to the Peer Review questionnaire that the Andean Community Agreement has not been listed under the MLI as it is a decision of the Andean Community Commission.

B. Implementation issues

No jurisdiction has raised any concerns about their agreements with Peru.

Summary of the jurisdiction response – Peru

	Treaty partners	Compliance with the standard	If compliant, the alternative implemented	Signature of a complying instrument	The alternative implemented through the complying instrument (if not the MLI)	Comments
1	Bolivia*	No	N/A	No	N/A	Andean Community (Decision 578)
2	Brazil	No	N/A	Yes	N/A
3	Canada	No	N/A	Yes	N/A
4	Chile	No	N/A	Yes	N/A
5	Colombia	No	N/A	No	N/A	Andean Community (Decision 578)
6	Ecuador*	No	N/A	No	N/A	Andean Community (Decision 578)
7	Korea	No	N/A	Yes	N/A
8	Mexico	No	N/A	Yes	N/A
9	Portugal	No	N/A	Yes	N/A
10	Switzerland	No	N/A	Yes	N/A

Notes

← 1. The Decision of the Commission of the Andean Community 578 on the regime for the avoidance of double taxation and the prevention of fiscal evasion, adopted on 4 May 2004. The current members of the Andean Community are Bolivia*, Colombia, Ecuador* and Peru. In total, Peru identified 10 “agreements” in its List of Tax agreements: seven bilateral agreements and the Andean Community (Decision 578).

← 2. For its agreements listed under the MLI, Peru is implementing the preamble statement (Article 6 of the MLI) and the PPT (Article 7 of the MLI). Peru also expressed a statement that while it accepts the application of the PPT under the MLI, it intends where possible to adopt an LOB provision through bilateral negotiation.