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Frequently Asked Questions

 

We have compiled this list of commonly asked questions posed by foreigners living in, or moving to, Peru and answers. Due to an increased work schedule, the free question and answer service Dr. Ricardo Guevara Bringas provided to our readers has been suspended. However, he will continue writing legal articles in our Web Page from time to time. We thank Dr. Guevara Bringas for all the help he provided us and encourage our readers who require legal services to contact his law firm directly.

Topics
Author

Buying a house in Lima - Dear Ricardo, I\'m planning to buy an apartment in Lima in the next couple of months. I understand the basic process: 1) Get permission to sign at DIGEMIN 2) SUNARP to check status of property; issues with owner 3) Check outstanding payments (Phone, Water, Gas, Electricity) 4) Sign Minuta 5) Sign Escritura 6) Go with Seller to munipality and get copies of PU and HR 7) Complete transaction - pay seller My questions: Can a notary prepare all of the legal documents - escritura and minuta? What happens in the event the seller wants a deposit? Does a lawyer or notary hold the funds in escrow pending the close of the transaction? How long does it normally take to complete the entire process? Can I have an attorney start the process on my behalf (i.e. SUNARP, check outstanding owing on utilities, etc.?) Thanks!

 

grbelanger

You need to sign a private contract which must be signed by a Peruvian lawyer. In general deposits are directly given to the seller. This is called “arras de retractación” if you have not yet reached a final agreement. If the seller does not sell the property to you he must give it back to you twice the deposit. If you do not want to sign the contract any more, the seller keeps de deposit. Regards. RGB
Date of Reply : June 09 2008

Marriage Issues - Dear Ricardo, My wife (Peruvian) and I (American)were married in the city of Cusco a few years ago in a civil ceremony. The mayor of the Municipality of Omacha,Paruro (8 hours from Cusco)married us. Recently I was told that he could not have legally married us because we were married in Cusco and not in Omacha. Can this be true? Thank you

 

1442

According to Peruvian regulation, civil marriage must take place before the Major of the city of one of the parties. However, the major of the competent city can delegate his or her authority to the major of another city. Consequently, if there is such written delegation your marriage is totally valid. If not, you or you wife could have challenged your marriage within 6 months from the date it took place. It is also possible to “validate” your marriage. Regards, RGB
Date of Reply : June 09 2008

Adoption - Dear Ricardo, My company is relocating me to Lima for approximately two years. My wife and I would like to adopt a child whilst we are in Lima. Is it possible for Australian nationals to adopt whilst resident in Peru?

 

Tim

Yes it is possible but it is a quite long process. Regards RGB
Date of Reply : July 04 2008

Turista purchase of car - Dear Ricardo,Can an individual on a turista visa buy, sell, license, and/or insure a car while in Peru?Thanks Ricardo

 

Leemma

You only need to obtain a permit to sign contracts with DIGEMIN in Lima. It takes just about one hour to do so. Regards.
Date of Reply : May 01 2008

Double taxation - Dear Lawyer, Double taxation: I have a question. We have an investor from the US that will transfer $ x amount to Peru to built houses. He wants $ x +8.5%. how does the tax apply when he transfers back his money plus interest? He needs to pay taxes in the US only, correct? Thank your.

 

Mic71

There is no agreement with the US to avoid double taxation. I will need to know the exact planned structure to give you a precise reply on the tax effects. Regards.
Date of Reply : May 01 2008

Income Tax - Dear Ricardo, I\'ve read your info about taxes and foreigners who live in Peru. I have an income from self-employment. Where are the forms to pay taxes on this income? Thank you.

 

SharonC

I can infer from what you say taht you belong to tax payers of the fourth category income tax. You need to download the PDT from SUNAT and declare each month your income tax. Regards. RGB
Date of Reply : May 01 2008

Working as Foreign Lawyer in Peru - Dear Ricardo, I am a corporate lawyer with qualifications (LLB, LLM, PhD) from the United Kingdom and I have been called to the New York Bar. I am considering a move to Peru, although I speak and write only basic Spanish. Are there specific requirements in the legal field (bar exams, etc.) that I have to fulfil? Can I apply directly to law firms? Are there any other requirements (other than visa) that I need to know of? Thank you for your help. Kind regards, Gen.

 

Stasia

Please note that you are allowed to work as a consultant provided that you have your visa that allows you to work. But are not allowed to certify document since you are not registered with one of the Bars in Peru. If you want to register as lawyer in Peru, you will need to \"validate\" your law studies. You will need to have your degrees legalized by the Peruvian Consulate in your country and then get them translated into Spanish. In general, you will need the transcripts of your marks and the syllabus during all your law studies. Then, you will choose a university to do the process and you will sit some exams during a year. Only after that your degree will be recognized by the Asamblea National de Rectores. From my own experience I can tell that it takes time and you must study again but it is feasible..Regards. RGB
Date of Reply : March 12 2008

Business Visa - Dear Sir, I am currently in Peru on a business visa.When I return to the US, I will be coming back to Peru with only a few days left on my current visa. When I reapply for another 90 day business visa, will I need another letter from my company? Thank you.

 

 

It is almost sure that the Peruvian Consulate of your country will ask you another letter from the company even thought this document is not required in the migratory Peruvian Law. Regards,RGB.
Date of Reply : March 12 2008

Working as a Rentista - I want to retire in Peru. But I also want to start a business and manage it. By reading your articles, I believe I can start by obtaining a Rentista Visa, because I don\'t know what kind of business I can set up. Then I would work my way to work in my business. Would that work for me?

 

Francisco

Please note that as a rentista you are not allowed to carry out any professional activity in Peru. However once you are a rentista you can modify your migratory status (cambio de calidad migratoria) provided that you meet the requirement of other migratory status, e.g., investor. Regards, RGB
Date of Reply : March 12 2008

Dual Passport - Dear Ricardo, My mother entered Peru one year ago with her American passport. She just received her new peruvian passport ( she had lost it). Can she leave peru with her Peruvian passport? Will there be any charges? Thank you.

 

Carla

According to Peruvian authorities, your mother will have to pay a fine of 1 USD per day she stayed in Peru after the expiration of her visa since she entered Peru as a foreigner and she did not obtain a visa. Regards. RGB
Date of Reply : November 16 2007

Buying a car with a business visa - Dear Mr. Guevara I am in Peru with a Business Visa, but plan to convert to a work visa in the coming months. I was wondering if with this business visa I can buy an automobile and then is it legal for me to drive it with my Swiss license or do I need a Peruvian drivers license to drive legally in Peru.

 

Camilo

Your business visa allows you to sign contracts. Regards, RGB
Date of Reply : November 16 2007

Work Permit - Dear Ricardo, I am Colombian, entered Peru with a tourist visa but have been hired by a Peruvian company to work in Lima. Could you please advice what I should do, or where I should go to get a permit so I can sign a job contract? and then, to apply for a work visa? I looked in the digemin website for requirements and it says the contract needs to be approved by the \\\"autoridad administrativa de trabajo\\\". This looks like a complicated procedure that is better handled by a lawyer, rather than myself or the company. Do you know where I can find someone to help me with the entire process? Thank you in advance!!

 

viviana

You need to get an authorization from the Labor Public Office and then you must apply for a work visa at DIGEMIN. Moreover you must meet some requirement related to you job and to the company. Before signing the contract you need a special permit to sign contracts that you can obtain a DIGEMIN four USD 50. Do not hesitate to contact us for further information. Regards RGB
Date of Reply : October 26 2007

Investor Visa forTwo - Dear Ricardo, A friend and I are opening a company here in peru. We both want an investor visa. Will doubling the share capital of US$ 25.000 (example 25.000 * 2 = 50.000)do the trick. Regards Martin

 

Martin

You both need to suscribe and pay the share capital on a 50/50 basis. Regards RGB
Date of Reply : October 26 2007

Freelance - Dear Ricardo, If I wanted to freelance (i.e. web design or similar jobs) from Peru and become a resident, what would be the visa I need to apply? What is the income tax that Peruvian freelancers (programmers, web designers, writers, etc) have to pay? Would that apply to a foreign resident as well working for companies located outside Peru?

 

freelance

You will need to apply for an independent visa ant you will have to pay 4th category income tax. Regards
Date of Reply : October 26 2007

Engineer - Dear Ricardo, We are a small private excavation construction company in Boston, MA, EEUU. We are researching to expand our equipment services to Peru through a Peruvian friend who has many business contacts. What is the best approach for us to create a local branch of our company in Peru? Is the corporation set up different if a Peruvian citizen is included in the creation of the company than if the company only involved foreign individuals? Thank you for your help.

 

Paul

You may create a new company in Peru. Foreign individuals may be the shareholders of the new company but they will need a permission to sign the company´s by-laws. In addition, there are many important issues when you set up a company (tax, labor, immigration)you must take into consideration. Do not hesitate to ask for professional advice. Regards
Date of Reply : August 14 2007

Rentista - Dear Ricardo I am moving to Lima to marry my fiance, who is a peruvian resident at birth. We plan to marry 6th October 2007 and settle together in or around Lima. I receive a pension of approvimately 2000$ a month which is paid in to a UK bank and I intend to set up a local bank account and transfer the monies monthly. I have three weeks and need to know if there are any formalities I can put in place before I leave The UK. I hope you can advise and thank you for your help Best Wishes

 

Adrian Thorne

Please refer to my articles concerning Rentista visa and to my answers in connection with the requirements to get married in Peru.Regards, RGB
Date of Reply : August 14 2007

Question about marrying a Peruvian - My friend wants to marry a girl from Peru. She has never been to the US. He is a resident in the US. Can they have a legal marriage to take place in Peru? After the marriage they want to live in the US.If things do not work out, will it be an expensive nightmare to get a divorce? We are all afraid she just wants to get a green card. Thanks so much.

 

Trisha

According to Peruvian legislation, they are enable to get married. If things get wrong, they may get divorced but they will need to ask for an exequtaur decision before a court in order for the divorce to be recognized in the country where the divorce did not take place. Actually, this may be time consuming.RGB
Date of Reply : July 30 2007

Rentista Visa - Dear Mr Guevara. I read your article regarding rentista visa. A person who helps me for visa status (tramitador) said that regardless which category you had when you obtained the Carnet Extranjeria, you can get payment from Peruvian institute if I have recibo de honorario and pay the tax on that payment. I know who has similar visa who made a letter describing that he never get payment inside of Peru. Is it illegal if you get payment or contract inside of Peru with Rentist visa?

 

Maria

This is a very interesting issue. Tax Law and Immigration law work very often separately. As a rentista, according to Immigration Law you are not entitled to work in Peru. But, in the Peruvian immigration regulation there is not any express sanction in case you do it. However article 10 of the Decreto Supremo N°003-2005 that provides the legal framework for Rentista states that you may lose your rentista visa if “the legal grounds for granting you the visa” disappear. To my knowledge there is no case law in this field. But note that according to Tax Law you cannot obtain a RUC with a rentista visa. But tax regulation obliges you to pay tax if you work even though you are not allowed to do so according to Immigration Law. To conclude, there is some risk, not a significant one- to lose your rentista visa if you work. Note that this is a very delicate question. Regards. RGB
Date of Reply : August 02 2007

Land/business ownership - My husband and I are interested in purchasing some property in Cusco,Peru to build a hosteria. What are the requirements for Americans to buy and hold property in Peru? Are there agents to handle the sale of property or is it conducted through an attorney? How does one find available property for sale? What migratory issues have to be addressed if we want to live and work, part of the year, in Peru? Thank you for your help, Emma and Leigh Hansen

 

Leema in USA

You will need a legal opinion. Do not hesitate to contact a Peruvian lawyer. Regards.RGB
Date of Reply : July 30 2007

Peruvian citizenship for offspring? - Dear Mr. Guevara, My husband was born in Peru; he is now an American citizen. We would like our son (now 5 yrs. old) to have a Peruvian passport/dual citizenship. I am told this is very difficult to accomplish. Would you please tell me if it is possibe and, if so, exactly what we need to do? Thank you so much for any help.

 

DCG

According to Peruvian immigration regulation, children that are not Peru-born are considered as Peruvian if one of his/her parents is a Peruvian citizen. Their birth must be registered with the Registry of Civil Status, Births Section, of the corresponding Peruvian Consulate before reaching legal age. You must provide with the following documentation: the original of the birth certificate of the minor delivered by the Vital Records Department of the State were your son was born, the Peruvian id of his father, a declaration in which you state that your son has not been registered in any other Peruvian Registry. Regards, RGB
Date of Reply : July 04 2007

split residency Peru / U.S. - Ricardo, We are retired in U.S.A. John is U.S. born and has never lived in Peru; Norma is Peru-born and raised, but has lived outside Peru for 42 years, and is now a U.S. citizen. We wish to live in Peru six months a year, and six months in the U.S. We could both apparently qualify for \"rentista\" visa, but is it better if she applies for a D.N.I. and what are the requirements? (I note that we cannot leave for more than six months a year on a rentista visa.) We also plan to buy property, but I see we can do that on our current tourist visas. Is it better to obtain non-tourist status before buying, however? Regards and thank you in advance.

 

John and Norma

If your wife is Peruvian she cannot apply for a visa. You may even buy property as a tourist as long as you have obtained a permission to sign contracts; also since your wife is Peruvian if she applies for a DNI she would be able to buy any kind of property. Regards, RGB
Date of Reply : July 04 2007

Mr. - I am considering relocating to Peru from the U.S. I have a small business providing services on the internet (virtual worlds consulting) that makes me between $1000 and $2000 a month. In regards to tax liability issues and immigration law considerations, what in your opinion would be the best way to set myself up for an extended and possibly permanent stay in Peru? Best regards.

 

Elliott E.

You will need a legal opinion. Do not hesitate to contact a Peruvian lawyer. Regards.RGB
Date of Reply : July 04 2007

Citizenship for American/Peruvian - I am North American born with a Peruvian mother and an American father. My mother never applied for my citizenship. Can I still apply? Where do I start?

 

Joseph

My opinion is based on the assumption that you are at least 18 years old and that you were born in the US, according to Peruvian laws you are able to apply to the Peruvian Citizenship. In such case, in order to acquire the Peruvian citizenship you will have to make an application before the Peruvian General Directorate of Immigration and Naturalization (DIGEMIN) in Lima. You will find below some of the relevant documents you will have to handle: the original of your birth certificate legalized by the Peruvian Consulate of your country of origin and then endorsed by the Ministry of Foreign Relations in Peru, your mother\'s Peruvian id. Please note that if the documents are written in a foreign (non-Spanish) language, they must be translated to Spanish by an official, i.e., certified by the Peruvian government, translator. Regards, RGB
Date of Reply : July 04 2007

Does Peru allow double citizenship - Dear Mr. Guevara, I was born in Peru but acquired US Citizenship at the age of 14. I\'m unsure whether or not Peru allows double citizenship. Is is legal for me to have a Peruvian passport as well as an American one? I let my Peruvian passport expire and have been using only the American one but I was interested in spending a longer period of time in Peru (more than the 3 months tourist visa I usually get upon entry) and thought that if I enter with a Peruvian passport I wouldn\'t have that problem. Could you please advise me if Peru allows the double citizenship, I remember having heard it didn\'t. I do have a valid DNI from Peru. Thank you very much for the information.

 

DDD

Peru does allow double citizenship, moreover, the fact that you have a valid DNI means that according to Peruvian laws you are considered to be a Peruvian citizen, so in this case, you shouldn’t have any problem if you enter Peru with the corresponding Peruvian passport. Regards, RGB.
Date of Reply : July 04 2007

Expired Work Visa - Dear Mr. Guevara:I am an American citizen. Over a year ago I was working in Peru with a work visa \\\"WRA Trabajador\\\". My time was cut short in Peru due to family matters I had to attend to here in the U.S..I did not return to Peru and since then my Peruvian visa has expired. I would like to visit Peru as a tourist in a few months, but I am wondering if I will have any trouble entering the country for any reason due to my expired work visa. I did have the proper form(formulario) filled out afor my departure from Peru. I just wanted to make sure before I visit again that I would not have any hang-ups at the airport when I arrive. I may be a little overly concerned but just wanted to check.Regards

 

TWN

Since you have accomplished all the necessary formalities, there must no be any kind of problem when you arrive to Peru.Regards.RGB
Date of Reply : May 31 2007

Business Capital Question - Dear Mr. Guevara:I own an S.A.C. company in Peru that has been operating for a little over 1 year. I now would like to move from the U.S. and live in Peru permanently and expand the business. You advised, in you report about setting up a company in Peru, that one could obtain a \\\"visa de inversionista\\\" which requires that the investor must pay up a share capital of US$ 25.000. In addition he or she must submit a business plan before the DIGEMIN. In such document the investor must promise that the company will hire 5 employees within the 2 next years. With respect specifically to the share capital requirement, I have invested in this past year several times more $25,000 in salaries and normal business expenses, however, my company does not have this amount in the bank. My question is, can all of this previous money spent this past year be used to satisfy the $25,000 requirement (I have all of the records of course) or must this money be in the bank when the special vias is applied for? Thank you.

 

Richard

In this case, the amount of US$ 25.000 that is requested to obtain a \"visa de inversionista\" (investor visa) refers not to the money invested in the company, but to the share capital itself, this mean that you will need to raise the share capital of your company to an amount that allow you to reach the US$ 25.000 requirement before you apply to the investor visa.Regards.RGB
Date of Reply : May 31 2007

Roose - Dear Mr. Guevara: I was told the only way to get a visa (resident) was to marry a peruvian or to be a part of business. Is this true. Thanks a Bunch.

 

patricia

That statement is false, the are many ways to obtain a resident visa in Peru, you may find a list of all the ways one can get a resident visa in the PERUVIAN VISAS section of the expat web. Regards.RGB
Date of Reply : May 31 2007

documents for Rentista - Dear Mr. Guevara:I am presently in USA till septiembre and when I return to PEru I want to botain a status of rentista. I read your artiles on obtaining a rentista but I am not sure what I need while here in USA. What docuement will the government accept for a criminal check? I am not sure what that means. I understand about having my pension and Socical Security deposited in a Peruvian bank, that is no problem it is the other documents needed that I am not sure of.Regards.

 

tomorchid

In order to acquire a status of rentista you will need (among other things) to produce a document in which you state that you do not have any criminal record in Peru and abroad. This is not an official document, it is just a personal declaration.In addition, as I have explained on my article, once you are here in Peru you must apply for your registration with the Foreigner Registry (Registro Central de Extranjería), within 30 days from your entrance to peruvian territory with such visa. In order to deliver the carné de extranjería (resident permit) DIGEMIN ask for an INTERPOL certificate. It is advisable to perform such procedure in order to get the certificate from INTERPOL at an early stage in Lima, ideally at the time where the rentista visa is requested from DIGEMIN. Regards.RGB
Date of Reply : May 31 2007

Documents for Rentista - Dear Mr. Guevara: I want to become a Rentista when I reutn to Peru this fall and need to know what documents I need, particularly the ones from the USA. I am currently in the USA and will be returning to Peru in September. I also need to know what form of ducument is neded for a criminal check? I have never been arrested but I need to know this also. Thank you. Thomas G

 

Thomasg

The criminal check is an INTERPOL certificate also know as “Ficha de Canje Internacional”, that DIGEMIN ask once you are here in Peru in order to deliver the carne de extranjeria. It is advisable to perform such procedure in order to get the certificate from INTERPOL at an early stage in Lima, ideally at the time where the rentista visa is requested from DIGEMIN.For a detailed description of the procedure in order to obtain the rentista status please refer to my article “Obtaining a Rentista Visa in Peru” (Part I and II). Regards.RGB
Date of Reply : May 31 2007

Spousal Visas - I am a Canadian citizen (female), my common law partner (male) has been offered a job working for an international company in Peru. His company will assist with his application for a work visa. What kind of visa am I eligible to apply for to accompany him there? He is looking at working there for 2-3 years. Does the Peruvian immigration authority recognize common law partnerships or do we need to be married for me to get a visa? Is there a visa that will allow me to work in Peru? Thank you in advance for any advice you might be able to give me regarding this matter.

 

CDN

There is actually a visa intended for those who are married to foreign residents in Peru. I am afraid but there is no provision for common law partners. In such a case you will need to leave Peru after a period of 3 months unless you are eligible to apply for another visa (independent, employee, student...). Please do not hesitate to contact me, if you need further information. Regards, RGB
Date of Reply : April 22 2007

Conducting Business in Peru through a Company Formed in Outside Country - I have an existing LLC company formed in the United States. To operate a business in Peru do you have to form a new company in Peru or can you use a company you have from the United States to operate a business in Peru? And is there advantages of forming a company inside of Peru opposed to just using a company you have from another country in general?

 

Clyde

You may carry out a business in Peru from a company set up in the US. Your company may also create subsidiary or a simple branch in Peru. But, I do believe that the main issue will be related to tax implications. I will need to know what iw the planned structure to asses the tax issues since there is a great deal of specific regulation in this field. For instance, tax applied to instant payday loans granted by a holding to its local subsidiary in Peru (30% on the loan interest rates) will be different from the loan granted by a simple bank located abroad (4,99% on the loan interest rates) Regards, RGB
Date of Reply : April 18 2007

resident - Dear Mr. Guevara: I have had a residencey card for 3 years. I obtained it because I am married to a Peruvian. Now we are residing in the USA. It expires in July and we won\\\'t be back to Peru until September. Will there be a problem then to get it renewed? Regards.

 

Dave

If you wait till September to come to Peru your residency will have expired, and you will not be able to renew it. You will have to get a new one, so in this case it is advisable that you to come to Peru before your residency expires and renew it then, so you can avoid any kind of problem and unnecessary procedures. Regards.RGB
Date of Reply : May 31 2007

Birth Certificate - Ricardo, my finacee was born in Peru and has been living in the US for over 12 now. He no longer has any family back home and we would like to get married in the US as I am a US citizen. However, they are asking for his birth certificate which he does not have. How can we go about getting a certified copy of his birth certificate if he has no family back home that can go to the municipality and request it?

 

Sanz

Unfortunately in this case you will have to contact a friend, a lawyer or someone else you can trust, so he/she can help him getting the certified copy. Is important for you to know that some of the Civilian Record Offices (Oficinas de Registros Civiles) are know working in the National Registry of Identity and Civilian Status (RENIEC).
Date of Reply : July 04 2007

My Car - Hi Guys Many people are telling me US citizens can send thier personal automobiles to Peru without paying the heavy import taxes. Is this so??? And if not why do people keep saying you can do it? chincha

 

chincha

As I have answered before, in those cases tax and duties you would have to pay are actually very high, most of the times more that 50% of the value of your car. Duties and taxes you will have to pay on the CIF (cost, insurance and freight) value of your cars are the following: 12% (ad valorem tax), 19 % (VAT), 30% (or 10% for new cars) (selective tax to consume). In addition, your car must not be more than 5 years old and the engine of your car must come from the original car produce.Regards, RGB.
Date of Reply : July 04 2007

Income Taxes - I arrived to Peru in Aug 2004. However, from Aug 2004 until Aug 2006 I was on an OIM volunteer type visa and didn\'t have to pay taxes. Then from Sept to October 2006, I was on a tourist visa. And since November 2006, I\'ve had a PEB resident visa. I read your info about income taxes and it says expatriates are considered to be domiciled in Peru if they have lived in Peru for 2 years without being abroad during each calendar year for a total period of more than 90 days. My question is does the time that I was on an OIM volunteer visa count towards the 2 years? Or do they start counting from the time I got my carne?

 

naturegirl321

Please refer to my last article that will be released in a few days. Regards, RGB.
Date of Reply : July 04 2007

Income Tax on USA Business - I plan to relocate myself to Peru later this year (2007) and conduct my internet-based accounting service from a rented apartment there (most likely in Lima). My clients will continue to be all USA companies. All banking will be with American institutions - no Peruvian accounts. My business will not have Peruvian clients nor employ Peruvian citizens. I will be visiting on tourist visas and leaving the country every 5-6 months in order to renew. Do I need to take Peruvian income tax into account with this arrangement? I am trying to avoid as I know I will have to file and pay USA income tax. I appreciate your guidance and kind assistance.

 

jdooley40

Since the services you mention will be rendered from Peru, from a legal Peruvian viewpoint you will be subject to Peruvian income tax. For more information, do not hesitate to contact us. Regards. RGB
Date of Reply : March 23 2007

Buying a house - I am viewing a small house outside a rural village but lack a resident visa. Can I legally purchase the property?

 

beowulf

From experience I know many foreigners that have bought houses in Peru with a tourist visa. Nevertheless for the security of the transaction, I recommend that you previously obtain a special permission to sing contracts before DIGEMIN. I believe that this special permission reduces the risk of the contract being challenged by the other party on the grounds of lack of capacity. Please confer to my article \"Legal Issues When Buying Property in Peru\".Regards, RGB
Date of Reply : February 22 2007

Spousal Property Rights - Dear Ricardo: Does Peru have community property laws? My wife and I own a couple of properties in Trujillo. Right now they are in her name only. We want to set it up so in case one of us dies, the surviving spouse get the real property.

 

SAT

I will need some more information on your marital status, e.g. when did you get married? Under what law did you get married? According to Peruvian law if nothing is agreed, the community property matrimonial (sociedad de gananciales) regime will be applicable. Under this regime, all property and rights acquired by a husband and wife during marriage is jointly owned. Each spouse owns an undivided one half in all such commonly owned property. But there are also a separately-owned assets made for instance by the following items: The property previously owned or acquired after the marriage by personal gift, inheritance or legacy, the sums from compensations paid on grounds injuries, copyright, the assets necessary to perform the professional activity. Regards, RGB
Date of Reply : February 22 2007

Bringing an auto to Peru - Dear Ricardo, I am an American citzen that recently married a Peruvian here in Lima. I am interested in bringing my truck from the states and have heard the as a US citizen i can do so with out importation taxes. Is this true? Sean Travis

 

Sean Travis

Tax and duties you would have to pay are actually very high, most of the times more that 50% of the value of your car. Duties and taxes you will have to pay on the CIF (cost, insurance and freight) value of your cars are the following: 12% (ad valorem tax), 19 % (VAT), 30% (or 10% for new cars) (selective tax to consume). In addition, your car must not be more than 5 years old and the engine of your car must come from the original car produce. Regards, RGB
Date of Reply : March 08 2007

Birth certificate - I need to obtain my birth certifcate, I was born in Lima, Peru but am a British Citizen. I also need the certificate legalised for use in Spain. Can you tell me how I go about this as I understand the certificate needs to be collected in person. Thank you.

 

Greig

You do not need to collect your birth certificate in person. Indeed, somebody else may collect it for you before the municipality of the place you were born or at the RENIEC (National Registry of Identification and Civil Status) in Lima. In the past each municipality was exclusively enabled to deliver birth certificates. Very recently RENIEC has been empowered to deliver birth certificates for people who were born in the following areas: San Borja, Santiago de Surco, San Isidro, Surquillo, Lince Comas, Independencia, Los Olivos and San Martin de Porres. The person that collects your birth certificate on your behalf must say that this document will be used abroad. In such a case, your birth certificate must be legalized by RENIEC if it comes from a municipality. This document must also be legalized by the Peruvian Ministry of Foreign Affairs ant then translated into the language of the country your birth certificate is intended to be used. Finally the consulate of such country in Peru must also legalize it. Regards, RGB
Date of Reply : March 09 2007

CE/Property ID - Doctor: I'm a US Citizen with Peruvian residency acquired through marriage. I've been living in Peru for the past four years and I'll be returing to the US shortly. My concern/question is the following: in the Testimonio related to one apartment, I'm the buyer and identified by my Carnet de Extranjeria number. When I leave, I'm going to give up that CE--what do I do when I want to sell the property a few years from now? How can I prove that the person with passport #XXX is the same as the person who used to have CE #YYY? Thanks, akb

 

akb

Make a notarized copy of your current carné de extranjeria. You also may grant a power of attorney before a Notary in Peru to somebody you trust. This will make easier the administration of your real estate. Regards. RGB
Date of Reply : January 15 2007

Ms. - Dear Ricardo: I hold both US and Peruvian Passports (am a US and Peruvian Citizen). I have never been a resident of Peru, only having been born in Peru and visited Peru as a tourist. I plan to live in Peru off my US income for the next 18 months. If I enter Peru with my Peruvian Passport, can I still avoid being considered a domiciled resident in Peru (and so avoid paying Peruvian income tax on my US income?) Or, do I need to enter Peru as a US tourist to qualify for this tax status? Regards, Letitia

 

Letitia

The situation you describe looks very delicate since there is a provison in the Peruvian Regulation of the Income Tax that states that Peruvian who are not domiciled in Peru, they are considered as domiciled residents if they spend more than six months in Peru during a year. On the other hand, your situation looks very particular to the extent that you has never had your residence in Peru. I do think that it will be necessary to contact SUNAT and to do further research on that case. But I do not think that the answer is just to use a US or a Peruvian passeport to enter Peru. Regards, RGB
Date of Reply : December 30 2006

Marrying a Peruvian - Dear Ricardo: I want to marry a Peruvian and live with her in Peru. What documents do I need and can I get them in Peru instead of the USA as I will be traveling from Mexico to Peru? Thak you.

 

el viejo

Please note below that I have already replied to this kind of question. As a general rule please check the previous questions before posting yours: ".... Basically, the complete documentation you have to get in your country will depend on the requirements of the municipality the marriage will take place. But as a general rule, you will be asked to provide the following documents: Your birth certificate. A certificate of your current marital status, i.e. single, divorced or widow, delivered by the Peruvian consulate of your country. Note that all the above mentioned documents must be translated into Spanish. They must also be legalized by the Peruvian consulate of your country. In addition, once you are in Peru you must ensure that they are legalized with the Peruvian Foreign Affairs Ministry (Jr. Lampa N° 535 Lima) Regards, RGB
Date of Reply : December 26 2006

AFP - Dear Ricardo, I have recently got my residency in Peru and started teaching English at a private school after signing a contract.I am a British citizen. I am aware that I have to pay income tax but is it obligatory that I have to pay insurance or health care ? or AFP ? I have my own insurance from UK and my sister in UK pays to a private pension fund for me .....so do I have to pay again here in Peru? Please advise. Thank you in advance for your help.

 

am

If you are consider as an employee such payments must be done by your employer and by you. However, you may see with your school if it is possible to modify your contract and not to be considered as an employee. This will imply that you will not be at the pay-roll of the school and that you will be considered as an independent worker and you will issue "recibo por honorarios". But I imagine that there are many legal implications. So you will need professional advice before doing anything. Regards. RGB
Date of Reply : December 26 2006

Taxation in Peru - Dear Ricardo, I am a Canadian citizen working for a Canadian based professional services firm. My company is considering sending me on a rotational assignment in Alaska and has made the generous offer to allow me to commute from Lima so that I can live close to my girlfriend who is Peruvian. All of my income would be earned working in Alaska. Would I be required to pay taxes in Peru even though I am not earning any money in Peru? Would I be required to have a resident Visa in order to live there?

 

Murray

Fist of all, note that there is a bilateral agreement between Peru and Canada for the avoidance of double taxation. In any case, if you are not considered as being domiciled in Peru and given the fact that your income will come from outside Peru, you will not have to pay any income tax in Peru. As for the answer to your migratory question, it will depend on the period of time you would stay in Peru. PLEASE NOTE THAT MY ANSWER DOES NOT CONSIDER US TAX IMPLICATIONS. YOU MUST LOOK FOR LEGAL ADVICE ON SUCH FIELD. Regards, RGB
Date of Reply : December 11 2006

Power of Attorney - Dear Ricardo, I am an american citizen in the process of buying an apartment and a car in Lima through my family's Limited Partnership Company (LP). I am the General Partner. I have already had my passport stamped at immigration with the "permiso especial para firmar contratos" and I have the Apostilled US certificate of LP with the General Partnership on my name. But I've been told this is not enough, and that I basically need a "carta poder" registered with the "registros publicos", certifying that I am the LP legal representative in Peru, and that my LP registration needs to be signed by the Peruvian embassy in the US? Is this true? Thanks so much.

 

Mark B.

If you act on behalf of your company in Peru for the acquisition of property, you will need a power of attorney granted by your company to you. You must check with the Peruvian Consulate of your country the documentation they request. They may ask you the following documents: (1) a power of attorney in Spanish granted by your company prepared and signed by a Peruvian lawyer, (2) if you do not speak Spanish you will need a witness who speaks Spanish, (3) a formal declaration made by yourself of your condition of representative whereby you mention that you are enabled to grant such power of attorney according to the by-laws of the company. This document must be legalized by a local notary and by the relevant department of State (4) a certificate of good standing of your company. If the power of attorney is not granted to you but to another person, such attorney must declare by writing that he or she is aware of the fact that the grantor is enabled to grant such power of attorney. In addition, for the procedure that must be carried out in Peru, you will need to obtain a certificate from your local authority by which you are allowed to grant such power of attorney. All the above mention documents must be translated into Spanish. Before registering with the public register in Peru (SUNARP), the power of attorney must be certified by the Ministry of Foreign Affairs in Peru. Regards RGB
Date of Reply : December 05 2006

Income Tax in Peru - Dear Ricardo, Does Peru have bilateral contract for the avoidance of double taxation with the United States? If not, does this mean I need to pay 30% of my wages to Peru and then again pay for U.S. taxes? Also, what do I need to do please in order to work legally as an English teacher in a language institute in Lima i.e. (work visa, authorization to sign legal documents such as a contract? ? Thank you very much. Best regards, Joyce

 

Joyce

I am afraid but Peru has not singed yet any bilateral agreement for the avoidance of double taxation with the US. If you work in Peru you must pay income tax in Peru. As for the migratory question, as you say, you need a work visa and before that an authorization to sign contracts. Regards, RGB
Date of Reply : December 05 2006

Traveling with Peruvian born infant - Dear Ricardo, What documentation do I need to travel out of Peru to the US for my baby who was born here this year? My husband and I are both US citizens. Thanks for your help.

 

Sydney

If you both travel with your child, there is no need for special authorization from a Notary. The only document the customs may ask for is a passport. Regards, RGB
Date of Reply : December 05 2006

Migratory Category/Dual Citizenship - Dear Ricardo, I am Peruvian by birth and also a nationalized U.S. citizen. Recently, I've been contemplating early retirement by moving to Peru. Could you please advise me on my migratory category and tax liability? I'm 44 y/o and I won't be able to access Social Security or private retirement benefits until age 65. However, I can count on a rental property here in the U.S. ($1,500) I appreciate your input!

 

Monica

Since you indicate that you are Peruvian, I do believe taht you do not need to obtain any visa in order to stay in Peru. Moreover, you are not allowed to benefit from the "rentista" migratory status. Regards RGB
Date of Reply : December 05 2006

Income tax - Dear Ricardo, If my company sends me to Peru with a work visa for less than a year, will I be required to pay income tax in Peru?

 

Louis

From a legal standpoint, you will have to pay income tax in Peru if you work in Peru, even if your salary is directly sent to your country of origin. Note that Peru has signed bilateral contracts for the avoidance of double taxation with certain countries such as Sweden and Canada. For instance, tax payable in Peru on profits, income or gains arising in Peru shall be deducted from any Canadian tax payable in respect of such profits, income or gains. Regards, RGB
Date of Reply : November 21 2006

Criminal offence - Dear Sir, Recently while in Peru (September28, 2006) with a university class there was an incident between the American instructor and one of the American students while on a tour buss. The instructor assaulted, battered and held the student against her will? Does the student have any legal recourse in Peru?

 

ER

Since there are criminal law implications, I would need much more details of what happened this day. For instance, was the student injured? In such a case, did she go to a hospital in Peru? Are there any witnesses of the incident? According to Peruvian regulation there are many criminals' offences that would apply to this situation, but you will need to prove the relevant facts. If you want to provide me with more information, do not hesitate to write to my e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Date of Reply : November 21 2006

Income Tax in Peru - Dear Ricardo, I would really need information about the taxes paid by foreigner working in Peru. The first payment was ok, but the second paycheck had a 30% tax deduction, which was justified by the accountant as an obligatory 30% deduction for foreign citizens. I would just like to verify if this is true.

 

Maya1

Not domiciled in Peru foreign workers must pay income tax for revenues they earn in Peru which is called "renta de fuente peruana". The notion of "income from Peruvian source" is very broad. This includes a large amount of type of revenues ranging from incomes generated by real estate located in Peru, commercial or civil activities developed in Peru, to Internet services provided abroad to clients who use such services in Peru. If the taxpayer is a natural person not domiciled in Peru as in your case, one single rate of 30% will apply¡¡ For more relevant information please look at my article Expats and Income Tax in Peru. In addition, if you have an employment contract you must pay about 13% of your wages to a private (AFP) or public (ONP) pension funds for your retirement funds.
Date of Reply : November 20 2006

Migratory status modification - Dear Ricardo, I applied for residence based on my marriage to a Peruvian. I will be receiving social security from the U.S. for past work. Do I have to reapply as a Rentista for tax purposes? Thank you.

 

george

Indeed, there is possible to modify your migratory status provided that you comply with the legal requirements to obtain a visa as a "rentista" (person with foreign source of income), e.g.: certificate guaranteeing receipt of a permanent income from outside Peru of at least US $1,000 a month. This income must enter the country via a banking institution. Moreover, the applicant must certify the receipt of an additional income of at least US $500 for each dependent. Foreigners with resident visas as "rentistas," are permitted indefinite stay in Peru and are exonerated from payment of annual immigration fees and from other taxes. Regards. RGB
Date of Reply : November 21 2006

Import a Car/transaction value - Dear Ricardo, I want to bring my car to Peru. It is a 2005 that I paid $ 25,000 for two years ago. I would like to pay less tax as it is hardly worth it by your description. Could I sell my car to my mother-in-law for $10,000 and then have her import the car?

 

kitty

As I previously wrote, customs may adjust the price you declare according to the information they have concerning the same kind of vehicles. Consequently, there is no point in pursuing your plan. Duties and taxes you will have to pay on the CIF (cost, insurance and freight) value of your cars are the following: 12% (ad valorem tax), 19 % (VAT), 30% or 10% for new cars (selective tax to consume). Regards, RGB
Date of Reply : November 20 2006

Rentista Visa Taxes - Dear Sir, I am considering retirement in Lima as a "Rentista". I will receive a government pension in the EEUU and can set up a direct transfer to a Peruvian bank. Will I be required to pay Peru income tax on my transfered retirement?

 

Bob

According to a specific Peruvian regulation, foreigners having duly obtained the status of "rentista" (retired) before the DIGEMIN (Peruvian General Directorate of Immigration and Naturalization), are exonerated from paying the Peruvian income tax. But note that such exoneration only applies to pensions coming from personal work, i.e., government/private funds pension, disability pension. It means that income tax would apply to other kind of income, e.g. royalties/real estate income. As this migratory status gives many advantages, it is important to get professional advice for all technical aspects of your application to the "rentista" visa.Regards, RGB
Date of Reply : November 15 2006

dual citizenship - Dear sir, I am an American citizen whose mother is Peruvian and I would like to become a dual citizen (US/Peru). What documents do I need in order to receive my Peruvian citizenship? Thank you.

 

Jennie

My opinion will be based on the assumption that you are at least 18 years old and that you were born in the US. In such a case you will have to make an application before the Peruvian General Directorate of Immigration and Naturalization (DIGEMIN) in Lima. You will find below some of the relevant documents you will have to handle: the original of your birth certificate legalized by the Peruvian Consulate of your country of origin and then endorsed by the Ministry of Foreign Relations in Peru, your mother's Peruvian id. Please note that if the documents are written in a foreign (non-Spanish) language, they must be translated to Spanish by an official, i.e., certified by the Peruvian government, translator. Regards, RGB
Date of Reply : November 17 2006

Bringing a car to Peru - Dear Sir, We are moving to Peru next year. We want to take with us two cars, I hear that the size of the engine matters.How true is that? Thanks

 

carlo

Bringing your cars with you, amounts to an import. Consequently, you will have to pay duties and tax import. But previously, be advised that your cars must not be more than 5 years old. In addition, engine of your cars must come from the original car producer.The customs value of your imported cars will be the transaction value, that is the price actually paid. But customs may apply some adjustments according to the information they have concerning the same kind of vehicles. Duties and taxes you will have to pay on the CIF (cost, insurance and freight) value of your cars are the following: 12% (ad valorem tax), 19 % (VAT), 30% (or 10% for new cars) (selective tax to consume). Regards, RGB
Date of Reply : November 10 2006

Traveling with children2 - Hello Mr Guevara, In regards to the travelling with children: if I have never been married to the (peruvian) father of my child (born in Peru, but who has a US passport), do I still need the father's permission when I travel out of Peru? Thanks a lot

 

Lili

According to Peruvian law, in the event that your child was exclusively recognized by you, there is no need for authorization of his/her father. Conversely, if you and your child's father both recognized your child, the authorization must be signed by both of you. Regards. RGB
Date of Reply : November 03 2006

Work visa - Dear Sir, I am trying to place a foreign citizen on site for a 7 month contract in Lima. What visas, work permits, etc. need to be completed. The company he will be working for is American. Any help would be great, thanks.

 

Daved

From my understanding, such foreign worker will have an employment contract with the US Company which will sent him/she to Peru to work for a Company based in Peru. In such a case, the worker will need to obtain a visa as a worker for a foreign firm. Such procedure must be carried out before the DIGEMIN (Peruvian General Directorate of Immigration and Naturalization) in Lima. The following documents will be asked by the DIGEMIN: Photocopy, either legalized by a notary or authenticated by the DIGEMIN of the service contract between the foreign firm and the Peruvian person or firm receiving the service, a document designating the worker issued by the foreign firm and legalized in the Peruvian Consulate and the Ministry of Foreign Relations, which indicates the time period that his services will be required in Peru. If such documents are not in Spanish, they must be translated into such language by a certified translator. Such procedure may take one month. Regards, RGB
Date of Reply : November 02 2006

Current real estate purchasing documents - Greetings Mr Guevara, Could you advise me as to the legal documents and requirements involved when purchasing property in Southern Peru i.e. Cusco area? Is it correct that the paperwork takes a long time, more than 2-3 months? Thank you.

 

Ernesto

Buying real estate is a very delicate transaction for which you will need to be very well informed. Your lawyer must carefully analyze the legal title of the land as well as to any security or charge granted on such property. You also need to obtain all the relevant information from the municipality where is located the land as to check payment of tax and destination of the land. Depending on the legal status of the land, such procedures may take 1 or 2 months. Moreover, if you are a tourist, you will need to get the authorization from DIGEMIN in order to sign contracts. RGB
Date of Reply : October 26 2006

Tax question/cars - Dear Sir, I am from the states but have lived in peru for 3 years. I have avoided driving but now have to buy a car, probably second-hand. Will I need to pay tax?

 

John

Indeed, if you buy a car in Peru, there is a special local tax called "Impuesto al Patrimonio Vehicular" that you probably may pay. Such tax applies to new and old cars which have not been registered at the "Registro de Propiedad Vehicular" for more than 3 years. If the car has never been registered, you will have to pay tax for 3 years as from the year subsequent to the acquisition of your car. The amount of the tax is 1% of the value of the car. The local administration in charge of such tax is called SAT (Servicio de Administración Tributaria). Do not forget to declare you car before the SAT. If it is a new, car you must declare it within 30 calendar days from its acquisition and if it is an old car, you must declare it until the last day of February of the subsequent year you acquired the car. RGB
Date of Reply : October 18 2006

Investing in Peru - I have been to Peru off and on for the last couple years to visit friends and now see the opportunity to set up a business, but don´t plan on living here permanently. Can I set up a business even though I only have a tourist visa? Regards.

 

Flowers

As a tourist and from a migratory viewpoint, you are not allowed to celebrate contracts and/or do any kind of business. In the event you want to set up a company and sign the respective by-laws, you will need to obtain an authorization from the Peruvian migratory public authority (DIGEMIN) to sign such contract. This authorization is easily obtained. It will take only few minutes and you will have to pay USD 50.00. Moreover, if you want to live in Peru and work as a director in the company you will need to have a special visa, e.g. investor visa. In such a case you will have to subscribe and pay in cash USD 50.000 as a shareholder of the company. This is an exception to the rule that in Peru there is no need for minimum share capital. Regards, RGB
Date of Reply : October 17 2006

Marrying a Peruvian - Dear Mr. Guevara:I am an american who wants to get married to my Peruvian girlfriend in Peru. I haven´t traveled to Lima yet. Should I bring down any special documentation from the USA?Thanks a bunch.

 

Willy

You are right to enquire about the documentation you need to obtain in your country before flying to Peru to get married to your girlfriend. Basically, the complete documentation you have to get in your country will depend on the requirements of the municipality the marriage will take place. But as a general rule, you will be asked to provide the following documents: Your birth certificate. A certificate of your current marital status, i.e. single, divorced or widow, delivered by the Peruvian consulate of your country. Note that all the above mentioned documents must be translated into Spanish. They must also be legalized by the Peruvian consulate of your country. In addition, once you are in Peru you must ensure that they are legalized with the Peruvian Foreign Affairs Ministry (Jr. Lampa N° 535 Lima) Regards, RGB
Date of Reply : October 12 2006

Traveling with children - Hi, I am planning to return home with my two children, 12 and 14, but this time will travel without my husband. I was told that I need special documentation, otherwise they may think that I am abducting my children. After all these years, this is the first time I am traveling without my husband, so we have never run up against this situation. Do I need to get special documentation?

 

Kiwi

Please note that according to Peruvian legislation children under 18 are not allowed to go outside this country without both of their parents unless they have some special authorization from them. If there is one single parent alive, he or she will give such authorization. Consequently, you and your husband need to get some special authorization before a Notary. You will need to provide the Notary with the following documents/information: Birth certificates of your children; The travel destination; Your passport and the one of your husband. You both must file and sign a form provided by the Notary. Such authorization will only be valid for the specific travel and not for the subsequent ones. Regards, RGB
Date of Reply : October 12 2006

LEGAL DISCLAIMER: We remind you that all the content on this page DOES NOT constitute legal advice, but is presented as a simple legal opinion that can perhaps serve as a reference to foreign residents living in Peru. Before taking any legal decisions, you should ALWAYS consult your own lawyer or other specialist in the field of law. Neither the staff nor the owners of the ExpatPeru web page assume responsibility for the content published on this page.

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