New interpretation guidelines challenge the income tax treatment of indirect transfers of shares under the treaty Peru-Chile

Through Tax Ruling No. 000117-2023-SUNAT/7T0000, published on the Tax Authorities web portal on December 28, 2023, the Peruvian Tax Authorities has recently issued new interpretation guidelines regarding the application of the Peru-Chile Income Tax Treaty in an indirect sale of shares issued by a Peruvian company, concluding that Peru is also entitled to tax the capital gain obtained by the Chilean transferor.