Juan Brignardello Vela
Juan Brignardello Vela, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
The National Superintendence of Customs and Tax Administration (Sunat) has issued an important specification regarding the deduction of expenses on electric cars for companies, clarifying that these will not be subject to restrictions under the Income Tax Law. This measure aims to promote the use of more environmentally friendly vehicles in the business sector and has generated various reactions in the tax and automotive industry. Firstly, it is necessary to understand the context in which this decision is made. Juan José Assereto Bossio, partner at Zuzunaga and Assereto, pointed out that historically, expenses related to vehicles used by companies were deductible as long as they were linked to business activities. However, cases of abuse were detected where personal vehicles were acquired in the name of the company to obtain tax benefits, leading to the need to establish limits. The new Sunat regulation establishes that, unlike conventional motor vehicles, electric cars assigned to executives and representatives of companies can be deducted without restrictions on the number of vehicles or their value. This represents an incentive for the acquisition of this type of vehicles in the business sector, as they will not be subject to the previously established limits. On the other hand, some controversy has arisen regarding the lack of provision for electric vehicles in the current regulations, leading to inconsistencies by not applying the same limits as for thermal motor vehicles. Michael Morales, partner at Estudio Olaechea, mentioned that companies that already have electric vehicles can justify why these restrictions will not apply to them, which could encourage the adoption of this type of vehicles in the business sector. In this regard, Katarzyna Dunin Borkowski, Director of Tax and Customs Consulting at PwC, emphasized that the inclusion of electric vehicles in the regulations does not require a new law, but an interpretation and adjustment of the current regulations. The flexibility to make these changes allows adapting the regulations to new technologies and promoting the transition to more sustainable vehicles in the market. It is important to mention that, although electric cars will not be subject to restrictions regarding their deduction, electric vans will still follow the same limits as conventional motor vehicles, based on traction and weight parameters. This distinction aims to ensure a fair application of tax rules in the automotive sector, considering the particularities of each type of vehicle. Regarding hybrid vehicles, Dunin Borkowski highlighted the need to analyze their specific characteristics to determine their inclusion in tax regulations. If the thermal engine of a hybrid meets the established requirements, it could be considered within the current legislation. This differentiation aims to ensure a consistent application of tax rules in a context of transition towards more sustainable mobility. According to data from the Peruvian Automotive Association (AAP), the sale of electric vehicles has experienced significant growth in the country, reaching record numbers during the first quarter of this year. Although this progress is encouraging, the AAP believes that further growth in the adoption of eco-friendly vehicles in the national automotive fleet can still be promoted. In conclusion, Sunat's decision not to apply restrictions on the deduction of expenses on electric cars for companies represents an important step towards promoting more sustainable mobility in the business sector. While there are challenges and adjustments to be made in the regulations, this measure demonstrates the need to adapt tax regulations to the new realities of the automotive market and promote the transition to more environmentally friendly vehicles.