TC agrees with Sunat and may demand the payment of more than S / 9,256 million in tax debts

The Constitutional Court (TC) today held the debate in which the claim of unconstitutionality against the first complementary provision in Legislative Decree 1421 was dismissed.

This Tuesday, September 22, the Constitutional Court ruled by majority in favor of Sunat, the dispute against the La Libertad Bar Association.

The plaintiff wanted the first complementary provision in Legislative Decree 1421 to be considered unconstitutional, thereby allowing a group of large companies to cancel their probable debts with the treasury.

SUNAT calculated that the tax debts of some 158 companies amounted to S / 9,256,970,935, this figure can now be collected by the collecting entity.

Of the 158 main taxpayers, some 26 companies had already requested the prescription of the disputed debt, which would have been a loss of more than S / 3.209 million for the Peruvian State.

How was the vote?

Before starting the debate, the TC reported that by majority the abstention of Judge José Luis Sardón was ordered. The Ojo Público portal indicated that this was raised because the magistrate had a conflict of interest.

The main magistrate in favor of the unconstitutionality claim was Ernesto Blume. However, the five votes necessary to declare the claim founded were not obtained.

The decision was as follows, with four against and only two in favor:

– Eloy Espinosa-Saldaña,
– Carlos Ramos,
– Manuel Miranda,
– Marianella Ledesma.

In favor:
– Ernesto Blume,
– Augusto Ferrero

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