Second National Reconcilation Study EITI Peru - unofficial…

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Consultoría para la Elaboración del Segundo Estudio Nacional de Conciliación de la Iniciativa de Transparencia para las Industrias Extractivas (ITIE) en el Perú (2008 – 2010) (continuación) 1.6. The Canon’s use It can be used to finance or co-finance public investment projects that involve providing public services with universal access that generate benefits for the community, are within the competencies of the corresponding government level and are compatible with sector policies. These projects cannot involve interventions for business purposes or those that can be conducted by the private sector. 2. Procedures in the process to collect Income Tax and the Gas Royalty and distribute the gas canon 2.1. Collections Income Tax The companies calculate their Income Tax through the Annual Sworn Declaration. They use the annual declaration format that is provided by the collections agent SUNAT. Every month, the companies make advance payments based on their income; at the end of the fiscal period, they regularize the annual income tax through the Annual Sworn Declaration. This sworn declaration is presented to SUNAT in the months of March and April of the year after the filing year. The Income Tax on earned income for the period (amount that is the basis of the distribution process) corresponds to the amount calculated for Income Tax net credits without the right to devolution (boxes N° 504 and 516 respectively). Companies can present Substitute Declarations and Rectifying Declarations in lieu of the Annual Sworn Declaration. Substitute declarations integrally replace or act as a substitute for the Sworn Declarations that were presented by companies prior to the expiration date set by SUNAT. The Rectifying Declarations are declarations that are presented after the date set by SUNAT. For the effects of this study, we have considered the Substitute Declarations and Rectifying Declarations presented up to the date on which SUNAT provides information to DGDFAS - MEF (formerly DGAES-MEF) for the corresponding distribution, which is usually made between the months of April and May of the years in question. Sworn Declarations presented before the Substitute Declaration Rectifying Declaration Expiration date of the Sworn Declaration Consultoría para la Comisión Multisectorial Permanente de la ITIE Perú Presented after the original Sworn Declaration Date to remit information to DGAES-MEF 62
Consultoría para la Elaboración del Segundo Estudio Nacional de Conciliación de la Iniciativa de Transparencia para las Industrias Extractivas (ITIE) en el Perú (2008 – 2010) (continuación) Gas Royalties Perupetro is in charge of collecting gas royalties every fifteen days. It audits the gas companies’ sales transactions and uses the value of production to apply the royalty percentage stipulated in license contracts. Once this calculation has been made, the gas company is sent a pre-liquidation of the corresponding royalty. Payments are deposited in Perupetro’s bank accounts (payments are made in US Dollars). 2.2. Distribution Canon from Income Tax For the distribution process, MEM provides MEF information on the title owners, the district location of the exploited resource and the Tax Identification Numbers (RUC) of the companies that have engaged in extractive activities relative to natural resources during the previous tax year. With this information in hand, DGDFAS - MEF (formerly DGAES-MEF) requests information from SUNAT on the amounts that companies paid on earned income. SUNAT then provides the income tax amounts considering the Rectifying and Substitute Declarations filed prior to the cutoff date (generally at the end of April or beginning of May). DGDFAS-MEF then uses this information to calculate the Mining Canon, which corresponds to 50% of gas companies’ earned income in the exploitation stage. Canon from royalties Although the gas companies pay royalties every 15 days, Perupetro calculates the canon from gas royalties on a monthly basis in function of the audited production volume from production wells. Perupetro deposits this amount in the accounts of the Public Treasury General Directorate of the Ministry of Economy and Finances. The calculated canon is detracted from the gas royalties collected from both fifteen-day periods of the month underway. The royalty balance that is not utilized for the canon or sobrecanon is used to calculate the shares of Perupetro, MEM and OSINERGMIN according to the law and the monitoring expenses incurred during the period of the audit of commercial operations. The royalty’s remaining balance is delivered to the Public Treasury. The PCM takes the distribution indices provided by MEF to calculate the amounts that will be distributed for the canon derived from Income Tax and that based on Gas Royalties. Thereafter, it informs the Public Treasury General Directorate so that it can make the corresponding transfers. 2.2.1 Area of Influence For the purpose of distributing the Gas Canon, the area of influence is defined in letter c) of article 4º of the Rules (D.S. N° 005-2002-EF): “…is the territorial area of the regional and local governments that have circumscriptions where natural and gas and compressed gas is exploited as granted by the contractual forms stipulated in Ley Nº 26221 – Ley Orgánica de Hydrocarbons and its regulations. When contractors possess concessions that conduct exploitation in different circumscriptions, the distribution is made in proportion to the production volume obtained according to report produced by the General Directorate of Hydrocarbons of the Ministry of Energy and Mines. If concessions are engaging in exploitation in neighboring circumscriptions, distribution will be in equal parts.” Consultoría para la Comisión Multisectorial Permanente de la ITIE Perú 63
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Product 3: Final Report Second Nati
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Lima, 13 December 2011 Mr José Lui
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Contents Executive Summary 9 I. Aim
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Second National Reconcilation Study EITI Peru - unofficial…

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