Peru publishes thin capitalization regulations

The regulations establish how to determine EBITDA when a taxpayer has no net income or has losses that are equal to or higher than net income. They also establish rules for reorganizations and carrying forward disallowed interest expense.

Peru published Supreme Decree 402-2021-EF, which contains the regulations for the thin capitalization rules. The Supreme Decree was published on 30 December 2021.

Background

The new thin capitalization rules, effective since 1 January 2021, limit the "net interest…