Peru: Ultimate Beneficial Owner Declaration Requirements

Peru

Peru’s obligation to identify and declare ultimate beneficial owners is governed by Legislative Decree No. 1372, its Regulations under Supreme Decree No. 003‑2019‑EF, and subsequent amendments. All domiciled legal entities and legal arrangements must file the sworn UBO Declaration with the tax authority (SUNAT). The filing follows the schedule established by SUNAT based on the applicable income bracket. The obligation has been in force since 2019. Updates must be submitted within 30 business days of any change to UBO information, and companies must conduct an annual internal review to determine whether an updated declaration is required.

Key changes and requirements

Companies must identify individuals who qualify as ultimate beneficial owners through direct or indirect ownership, control mechanisms, or by holding senior management responsibilities. Compliance requires a review of the ownership and control chain, confirmation of corporate records, collection of supporting documents, and completion of Virtual Form No. 3800 via the SUNAT Online Operations (SOL) platform.

Documentation includes identification documents of UBOs, an updated shareholding structure, the company’s bylaws, books of minutes, share registers, contracts evidencing share transfers, registry extracts, organisational information, and the UBO forms. UBO forms must be wet‑ink signed and notarised or apostilled. Companies must obtain information from shareholders and UBOs to ensure accuracy and completeness of the declaration and maintain procedures to monitor changes triggering updates.

Entities must file the initial affidavit according to SUNAT’s established filing schedule and conduct an annual internal review to assess whether UBO information has changed. Any modification triggers a mandatory update within 30 business days.

# Obligation Infringement Penalty
1 To file the UBO affidavit Art. 176.2 CT: Filing after the deadline
Art. 176.4 CT: Incomplete filing or filing not conforming to reality
0.6% IN (net incomes)
The fine may not be less than 5 tax units – UIT (S/23,000) nor more than 50 tax units – UIT (S/230,000)
2 To keep documents and systems Art. 175.7 and 175.8: Not keeping documents or systems for 5 years.
Art. 177.3: Not maintaining operating systems
0.3% IN (net incomes). The fine may not be less than 3 UIT (S/13,800) nor more than 25 UIT (S/115,000)
3 Supporting documentation on Beneficial Owner Art. 177.27: Not submitting or filing documentation in the form, terms, and conditions required 0.6% IN (net incomes). The fine may not be less than 5 UIT (S/23,000) and no more than 50 UIT (S/230,000)
4 To conduct a due diligence procedure Art. 177.28: Not supporting the conduction of the procedure or supporting the partial conduction 0.6% IN (net incomes). The fine may not be less than 5 UIT (S/23,000) and no more than 50 UIT (S/230,000)
5 To allow SUNAT control Art. 177.2: Hiding or destroying documentation before a 5-year period 0.6% IN (net incomes). The fine may not be less than 5 UIT (S/23,000) and no more than 50 UIT (S/230,000)

How Can We Help?

Computershare can support clients in gathering and organising the information required to identify ultimate beneficial owners and compile the necessary documentation. We assist with preparation and submission of UBO filings, monitoring for changes that may trigger updates, and maintaining ownership, officer, and governance records through the GEMS platform. Our teams can coordinate with local advisers to ensure you’re compliant locally.

Contact

Please contact your dedicated Computershare Relationship Manager or send an email to #GLCGSGECNetworkManagement@computershare.com for more information about how Computershare may assist you in responding to these new requirements.

Disclaimer: This notice is provided by Computershare for general informational purposes only and is not intended and should not be construed as legal, regulatory, financial or tax advice. Computershare is not licensed or authorized to practice law in any jurisdictions and hence does not provide any legal advice and it does not hold itself out as doing so. Neither Computershare nor any of its affiliates or contributors accept any responsibility or liability for the quality, accuracy or completeness of any information contained in this notice. It is important that you seek independent professional advice relating to the subject matter of this notice before relying on it.

Pat Cichocki