FACULTY OF BUSINESS

ACCOUNTING SCHOOL

ACADEMIC REPORT

COURSE:

Tax Planning

SUBJET:

General regime in tax planning

AUTHOR:

Cabellos Benites Nicole

Duclos Longobardi Helen

Machuca Gamarra Freshing

Morales Ponte Brenda

Sánchez Rios Alvaro

TEACHER:

Cabanillas Leiva Gerardo

CHIMBOTE – PERÚ

2023
 INDEX
I. INTRODUCTION ............................................................................................. 3

II. DEVELOPMENT ............................................................................................. 5

2.1. Theoretical Aspect .................................................................................. 5

2.2. Practical Aspect ...................................................................................... 6

III. CONCLUSIONS ........................................................................................... 8

IV. BIBLIOGRAPHIC REFERENCES ............................................................... 9

V. ANNEXES ..................................................................................................... 11
 I. INTRODUCTION

In Peru, the first law on income tax was passed in 1934, which remained in force for
a long time, but many modifications were made. An important reform was introduced
in 1962 with the supreme decree (287-68 HC) which divided income into five
categories with specific deductions in each of them to obtain net sums, which
together show the taxable matter where it is. progressive scale of taxes was still
submitted

As a consequence of the current regime, income of significant amounts derived from

the lease of property, the sale of assets or shares, among other cases, gives rise to
taxation with the definitive rate of 5% rubber, while income from work generates the
tax based on a progressive scale that starts with 8% and goes up to 30%

According to Horacio García Belzunce (1967), he applies his theoretical

determination of what should be considered income as constitutes it with a view to
two objectives: one to guide the legislator in setting his objective and the scope of
the taxes levied by the general regime and the other to guide to the interpreter of
the law when he evades the definition and limits himself to distorting it towards
different benefits that could result.

For the purposes of this work, only the general regime will be analyzed in tax
planning. This tax receives great importance as a means of collection for the state
and as a cost for people and companies, the national superintendence of customs
and tax administration (SUNAT). It is the entity that has the function of applying,
supervising and collecting taxes from the national government, as is also the case.
In order to carry out tax planning, you must know the tax regulations so that, based
on this, the tax rates can be progressively applied.

For this reason Ramírez et al. (2020), express that one of the main problems is that
taxpayers are unaware of the benefits of timely payment of taxes, due to this lack of
information they do not improve the management of their financial and economic
resources, in such a way that their budget would be affected and would be causing
problems with compliance with their tax obligations
Therefore, deductible expenses are those that are incurred during the year, and
which can be subtracted in the third category income tax return because they are
attributable to the company's income; That is to say, it is what the company does
with the objective of maintaining its activities and obtaining income, being accepted
in the tax aspect by complying with the legal requirements of each country. Likewise,
the non-deductible expense is that which is not linked in any way. directly with the
economic activities of your company or business, therefore it cannot be deducted
when calculating taxes.

.
 II. DEVELOPMENT

The General Regime in the context of tax planning generally refers to the set of tax
rules and provisions applicable to the majority of taxpayers within a tax system. The
specifics of the general regime may vary by jurisdiction, but generally cover aspects
such as income determination, tax base, applicable tax rates, allowable deductions,
and tax reporting and payment obligations.

In contrast to the general regime, some taxpayers may be subject to special tax
regimes, which may have particular conditions or benefits adapted to certain sectors
or economic activities. The objective of the general regime is to establish an
equitable and uniform tax framework for the majority of taxpayers.

2.1. Theoretical Aspect

2.1.1. General Regime

The General Regime is aimed at medium and large companies (natural

persons with a business or legal entities) that generate third category
income. In this regime there is no income limit. The advantage of this tax
regime is that you can develop your business in any activity and without
income limits.

In this regime, monthly declarations are made, in which the payment of

two taxes is determined: The General Sales Tax (IGV) of 18%, and the
income tax of 29.5%. An Annual Affidavit is also made, which allows you
to deduct expenses related to your business from your income.

2.1.2. Tax Planning

Tax planning is a tool that business entities use when making recent
choices with future tax effects, opting for a correct way to achieve the
requested economic objective and the most convenient of the optional
procedures to manifest the chosen activity. Tax planning is the
development formed by a group of lawful acts of the collaborator whose
purpose is to invest the resources directed to the organization and with
 little collection that is convenient within the regulations (Guiman & Olivera,
2022).

2.1.3. Tax obligations

In the general regime, it involves submitting and paying monthly and

annual sworn statements, in addition to making VAT and income tax
payments. In accounting, the taxpayer must keep complete accounting,
which includes the record of income, expenses, assets and liabilities.
Every taxpayer must comply with what is established by law, complying
with tax duties to avoid future problems that affect the situation of the
company (Vásquez & Rojas, 2020).

2.1.4. General Application

The general regime is applicable to medium and large companies,

whether natural or legal person, that generate third category income. This
regime has no limitations by amount of income or type of activities, and
all taxpayers or those who do not comply can be located here. the
conditions to be in the MYPE Tax Regime (SUNAT, 2018).

2.2. Practical Aspect

2.2.1. Tax Planning

Tax planning from the perspective of the taxable person or taxpayer

involves adopting and putting into practice the benefits established in the
tax regulations with the aim of reducing the tax burden to a minimum. It is
defined as a set of legal actions carried out by the taxpayer with the
intention of optimizing the resources allocated to their commercial activity,
thus achieving a decrease in the tax burden. This planning facilitates the
use of savings opportunities that tax laws, expressly or implicitly, offer
taxpayers. In summary, tax planning is a tool that allows the taxpayer to
select the most favorable legal options to reduce their tax burden.
2.2.2. Accounting Registry

In Chapter IX and Article 65 of the TUO of the LIR, it explains that

recipients of third category income who achieve gross income no greater
than 300 tax units (UIT) have the obligation to keep a sales record, a
purchase record and a simplified daily book. If these taxpayers exceed
300 UIT, but not 1700 UIT, the obligation to keep tax records will vary
depending on what is prescribed by the administration. If the recipient
exceeds 1700 UIT, he will be obliged to keep complete accounting, that
is, to have all the Accounting and Tax books mandatory (Huamán & Mejía,
2022, p.25-26).

2.2.3. Normative compliance

It involves complying in a precise and timely manner with all tax

obligations established by the tax authority. This includes filing tax
returns, making payments on time, legally taking advantage of tax
benefits, maintaining accurate accounting records, assisting with tax
audits, complying with specific regulations, and staying abreast of
changes in tax laws. This compliance not only avoids sanctions, but also
promotes transparency and trust between the taxpayer and the tax
authority, contributing to the long-term financial and legal stability of the
company.
 III. CONCLUSIONS

In the Peruvian tax context, the general regime has undergone various modifications
over time, highlighting the 1962 reform that divided income into categories with
specific deductions. Currently, this regime applies to medium and large companies,
with no income limit, being essential for state collection and constituting a cost for
the entities. However, it faces challenges, such as taxpayers' lack of knowledge
about the benefits of timely payment of taxes.

Tax planning, within the framework of the general regime, is presented as an

essential tool to optimize resources and comply with fiscal obligations. This process
involves adapting to legal changes, knowing tax rules and progressively applying
tax rates. In addition, the importance of keeping adequate accounting records and
complying with tax obligations is highlighted to avoid future problems. It is
established that tax planning is an action where the taxpayer has options to access
a minimum tax quota through a future projection with the purpose of achieving tax
savings. Taxes make up the government budget, which in conclusion results in the
money obtained from tax collection being exclusively for the state.

We can also understand that taxes and remuneration are the means by which the
financial needs of the group of people who make up and carry out the function of
rulers or authority are covered. The new regime increases the restrictions so that it
is not used to transfer ordinary income to exempt income, but this measure seems
not to be enough to ensure true control of evasion. Likewise, we can note that the
MYPE is a tax regime that was made exclusively to work with miniature and small
organizations where the collection depends on the benefit obtained.

The general regime, together with tax planning, plays a crucial role in the tax
management of companies, making it necessary not only to comply with regulations,
but also to adapt to legal changes and effectively take advantage of the options that
tax regulations offer.
 IV. BIBLIOGRAPHIC REFERENCES

Aranya, K. (2018). Propuesta de un planeamiento tributario para la empresa

Servicios Generales Hermanos Minaya S.A.C. Lima [Tesis para optar el título
profesional de Contador público de la Universidad Peruana Unión
Perú]. https://repositorio.upeu.edu.pe/bitstream/handle/20.500.12840/1340/
Karin_Tesis_Titulo_2018.pdf?sequence=5&isAllowed=y

Guiman, L. & Olivera, D. (2022). Planeamiento tributario para evitar contingencias

tributarias en la empresa industrias y negocios Piccoli S.R.L., CHICLAYO.
Universidad señor de Sipán.
https://repositorio.uss.edu.pe/bitstream/handle/20.500.12802/10549/Guima
n%20Timana%20Vivian%20%26%20Olivera%20Mendoza%20Luis.pdf?seq
uence=1&isAllowed=y

Huamán, V. & Mejía, L. (2022). EL RÉGIMEN MYPE TRIBUTARIO Y SU

INCIDENCIA EN LA CAPACIDAD CONTRIBUTIVA DE LAS
MICROEMPRESAS DE COMERCIO ELECTRÓNICO EN LIMA
METROPOLITANA, 2020.
https://repositorio.usmp.edu.pe/bitstream/handle/20.500.12727/9660/huama
n_bvd-mejia_mlv.pdf?sequence=1&isAllowed=y

Medrano, H. (2018). Derecho Tributario: Impuesto a la renta: aspectos

significativos (Vol. 32). Fondo Editorial de la PUCP.
https://books.google.es/books?hl=es&lr=&id=FaHNDwAAQBAJ&oi=fnd&pg
=PT4&dq=impuesto+a+la+renta+per%C3%BA&ots=0s_I05-
EXj&sig=4vNv9dQnn3uK6nnzurh-
ezFc2BE#v=onepage&q=impuesto%20a%20la%20renta%20per%C3%BA&
f=false

Plataforma digital única del estado peruano. (2023). Régimen general de renta.
https://www.gob.pe/6991-regimen-general-de-renta
SUNAT. (2018). Regímenes tributarios.
https://emprender.sunat.gob.pe/emprendiendo/decido-
emprender/regimenes-tributarios

Vásquez, A. & Rojas, E. (2020). Obligaciones comerciales en comerciantes del

centro comercial Aguas Verdes, Chiclayo. Universidad Señor de Sipán.
https://repositorio.uss.edu.pe/bitstream/handle/20.500.12802/7566/v%C3%
A1squez%20guevara%20aid%C3%A9%20%26%20rojas%20sosa%20jhon.
pdf?sequence=1&isallowed=y
 V.ANNEXES
ANNEX 1: TRIUTARY REGIMES