Tax Unit 2022: How does it affect companies?

It will be possible to grant an Annual Comprehensive Remuneration to an employee if they receive a monthly salary of no less than 2 TU.

In such case, from year 2022 onwards, the amount of said minimum salary will increase.

For the calculation of payroll tax, the amount equivalent to 7 TU is deducted from the employee's Annual Gross Remuneration.

Consequently, given that the TU value has increased, the minimum remuneration amount that an employee must receive per month, for such amount to be taxable, will increase.

If an employer fails to comply with labor obligations, such employer may receive an administrative penalty, which may be classified as minor, serious or very serious, depending on the breached obligation.

Thus, according to the seriousness of the infraction and the number of employees affected, the amount of such administrative penalty will be calculated based on the new TU value.

PRU value based on TU value for 2021 (PEN 4,400.00)

The competence of labor courts, as well as the amount payable for judicial fees, depend on the value of the Procedural Reference Unit (PRU).

For such purposes, the value of the PRU is equivalent to 10% of the value of 1 TU; therefore, for year 2022, we are waiting for the administrative resolution that will confirm such value.

Immigration legislation provides for various penalties applicable to possible breaches whether by national or foreign citizens, including the imposition of financial penalties. Consequently, given that the TU value has changed for year 2022, the value of such penalties will also increase.

The competence of civil courts, as well as the amount payable for judicial fees, depend on the value of the Procedural Reference Unit (PRU).

For such purposes, the value of the PRU is equivalent to 10% of the value of 1 TU; therefore, for year 2022, we are waiting for the administrative resolution that will confirm such value.

If an entity fails to comply with the obligations related to the protection of personal data, such entity may receive an administrative penalty, which may be classified as minor, serious, or very serious, depending on the breached obligation.

Thus, according to the seriousness of the infraction, the amount of such administrative penalty will be calculated based on the new TU value.

Pursuant to local legislation, the categorization of an entity as Micro enterprise, Small Enterprise, Medium-sized Enterprise, or Large Enterprise depends on the amount of annual sales performed in a fiscal year, based on the TU value.

Thus, given that the TU value has increased, the amount of annual sales required to be categorized into one of the referred groups will also increase.

• Micro enterprise: Annual sales up to PEN 690,000.00.
• Small enterprise: Annual sales over PEN 690,000.00 and up to PEN 7,480,000.00.
• Medium-sized enterprise: Annual sales over PEN 7,480,000.00 and up to PEN 10,120,000.00.
• Large enterprise: Annual sales up to PEN 10,120,000.00.
• Microempresa: Ventas anuales hasta S/ 660,000.00.

• Micro enterprise: Annual sales up to PEN 660,000.00.
• Small enterprise: Annual sales over PEN 660,000.00 and up to PEN 7,480,000.00.
• Medium-sized enterprise: Annual sales over PEN 7,820,000.00 and up to PEN 10,580,000.00.
• Large enterprise: Annual sales up to PEN 10,580,000.00.

Pursuant to local legislation, a company which provides products and/or services and whose annual revenues exceed 3,000 TU, is required to register with the National Institute for the Defense and Free Competition and the Protection of Intellectual Property (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual or INDECOPI in Spanish) and to report to such entity any complaints filed by its users or consumers on its Complaint Book through the System to Control Complaints called “Sistema Controla tus Reclamos - SIREC”.

Thus, given that the TU value has increased, the revenues required to be obliged to register with the SIREC Portal will also increase.