Employment, Immigration and Income Taxes

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Employment, Immigration and Income Taxes Employment, Immigration And Income Taxes PwC Peru February 2017 This document was prepared by PwC Peru to provide information for hiring foreign individuals in Peru, which comprises a general background of Peruvian employment, tax and immigration law and other relevant issues. It reflects regulations and practice as of January 2017. This document is not intended to be a comprehensive and exhaustive study of Peruvian regulations, but should be used as a guide for hiring foreign workers, and for foreign individuals to prepare for their assignment in Peru. We should advise you against making any decisions without first seeking professional advice, as laws and interpretations in Peru are still, to some extent, subject to relatively frequent changes without much prior notice. Employment Matters 1. Overview The legal framework applicable for hiring foreign workers comprises the following regulations: Legislative Decree No. 689 Foreign Worker Hiring Act (hereinafter LCPE) Supreme Decree No. 014-92-TR Regulation on contracting Foreign Workers Legislative Decree No. 1246 Legislative Decree approving several administrative simplification measures (DLSA) Supreme Decree No. 003-97-TR Approves compilation of Legislative Decree No. 728 Labor Productivity and Competitiveness Law (hereinafter LCPL) and subsequent modifications. Legislative Decree No. 1350 Immigration Law As a general rule, hiring foreign workers is subject to limitations regarding the number of workers and the total amount of their compensation, as compared to domestic workers: General Rule number of workers The total number of foreign workers cannot exceed 20% of the total number of personnel. limitative percentages amount of their The salary of foreign individuals cannot exceed 30% of compensation the total payroll amount. Nevertheless, an employer is entitled to request for an exemption of the limitative percentages under the following scenarios: Exemption for not applying the limitative percentages If the foreign If the foreign If the foreign worker is to provide worker’s employer worker is If the foreign services as teacher is awarded with Other cases a qualified worker is to be in a foreign college a contract with determined by a professional or hired in managing or school, or at a the peruvian supreme decree. technical staff. position. language-teaching government. institution. Employment agreements with foreign workers can be signed for a period not exceeding of 3 years, subject to renewal. The labor agreement shall be approved by the Peruvian Labor Ministry. It should be noted that the approval of the labor agreement does not entitle a foreign individual to provide services for Peruvian if the applicable migratory status has not been previously obtained. 2. Exemptions Personnel included in the table below are not considered in the limitations for hiring foreign workers, and their labor agreements are not subject to prior approval by the Peruvian Labor Ministry. However, their labor agreement should be informed to the Peruvian Labor Authorities, for information purposes: Tax Unit: a referential amount used for tax purposes (for fiscal year 2017, each tax unit is equivalent to PEN 4,050) Foreign Worker Conditions a. Foreigners with Peruvian relatives (spouse, ascendants, descendants and/or siblings). b. Foreigners holding an Immigrant Visa. c. Foreigners whose home country has a reciprocal or double nationality agreement with Peru. d. Personnel of foreign land, air or sea transportation entities, with foreign flag and registration. Exempted e. Foreign personnel working for multinational service organizations or multinational banks, which would be subject to special rules. f. Foreign personnel working in Peru under the provisions of bilateral or multilateral agreements signed with the Peruvian Government. g. Foreign investors, provided it has a permanent investments of no less than 5 Tax Units1 . h. Artists, athletes and performers acting in a public show, for a maximum period of 3 months per year. As part of section “c” in the table above, the following cases are included: Exemption Countries Treaty Spain Double Nationality Agreement signed between Peru and Spain Andean Community Decision No. 545: Bolivia, Ecuador, Colombia Andean Immigration Act A worker whose origin (“Instrumento Andino de Migración Laboral”) country has a reciprocity or double nationality agreement Brazil, Chile, Paraguay, Mercosur Treaty Uruguay Argentina Peru – Argentina Treaty 1 Tax Unit: a referential amount used for tax purposes (for fiscal year 2017, each tax unit is equivalent to PEN 4,050) Foreigners under the said conditions would be considered as Peruvian workers for labor purposes, and therefore, not subject to the limitations of the LCPE. However, they are not exempted of obtaining the relevant immigration status to reside in Peru. Please find below a summary of foreign worker hiring options and conditions: Type Of Labor Paperwork Countries Regulation Period Agreement Requirements Spain LCPL -Indefinite - Indefinite term In writing, and subject to -Fixed term agreement registration at the Labor - Fixed term agreement Ministry. Bolivia, Decision 545, -Indefinite - Indefinite term In writing, and subject to Ecuador, R.M. N° 318-2010- -Fixed term agreement registration at the Labor Colombia TR, LPCL - Fixed term agreement Ministry’s systems (“SIVITMA”, in Spanish). Argentina, LPCL -Indefinite - Indefinite term In writing, and subject to Brazil, -Fixed term agreement registration at the Labor Chile, - Fixed term agreement Ministry. Paraguay, Uruguay Other LCPE Fixed term, - Fixed term agreement In writing, and subject to Countries for up to 3 approval by the Labor years, Ministry. renewable Immigration Matters The Peruvian Immigration Superintendence (hereinafter, the “Immigration Office”), is the authority responsible for enforcing the domestic immigration policies within the scope of its legal competence and under the local regulatory framework and international treaties, stimulating full integration of foreign immigrants into Peruvian society. In other specific cases, the authority in charge to grant certain immigration statuses is the Peruvian Ministry of Foreign Affairs. The newly issued immigration regulations, pursuant to Legislative Decree No. 1350 – Immigration Act, to be effective from March 01, 2017, rules two types of applicable immigration statuses: Temporary and Resident. Immigration Status Status Description Temporary Entitles a foreigner to enter and stay in the country for a period of time not exceeding 1 year. Resident Entitles a foreigner to enter the country and remain as resident in Peru for a period of 1 year, subject to renewal. A. Type of visas Resident visas are granted for a 1 year period, subject to renewal. Once granted, the foreigner will receive a Resident Card, which will be his/her legal ID in Peru. 1. Temporary visas The visa types described in the new Immigration Act that entitle foreign workers to carry out subordinated and/or independent activities, are the following: Denomination Visa Term Directed To Entity Artistic or 90 days A foreigner who will carry out paid or profit-making Immigration Office Sports activities relating to artistic, cultural, sports or other Not renewable similar shows. Up until 183 days 1. International Lecturers in official events. Foreign Affairs Special 2. Official delegates in non-profit sports competition. Ministry (Cases 1 Entitles a foreigner for one 3. Non-profit or philanthropic artists, athletes and to 4). single entry and renewable celebrities. Immigration Office for one time for the same 4. Foreigners staying in Peru for the interest of the (Case 5) period of time. Peruvian Government. 5. Oher situations not ruled in other immigration statuses. Temporary 90 days Training: Immigration Office Training / 1. Foreigners seeking to carry out activities relating to Research Entitles a foreigner for one elementary, middle or high education, or other occupations single entry and renewable for Institutions recognized by the Peruvian Government. for one time for the same 2. Foreigners that are part of foreign student exchange period of time. programs. 3. Pre-professional or Professional internships; and 4. Other training programs recognized in Peru. It does not entitle a foreigner to carry out paid or profit- making activities, except for those with special permits granted by the Immigration Office. Research: A foreigner with qualified knowledge and expertise in science, technology or innovation affairs, as well as in highly specialized education projects, executed by the Peruvian Science and Technology Authority. It authorizes a foreigner to carry out any income-earning activity, either independently or on a subordinated basis within the public or private sector. Business 183 days in a 365 days Allows a foreigner to carry out business, legal, commercial Foreign Affairs period or specialized technical assistance activities, among others. Ministry Not renewable Immigration Office (at the immigration gates at the airport) Worker/ 183 days Worker: Immigration Office Assigned 1. Foreigner who carry out income-earning activities Worker Renewable for the same independently or on a subordinated basis for a Peruvian period of time. public or private entity. 2. For cross-border workers, benefits applicable will be those stipulated in the relevant international treaties. 3. Employees of a transnational or international corporation deployed to Peru to work for an entity of the same economic group or holding to fulfill management or
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