Importancia del cumplimiento de los principios de causalidad y fehaciencia para la deducibilidad de gastos de responsabilidad social relacionados con gastos de infraestructura y su mantenimiento ejecutados por empresas mineras en el Perú
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AuthorsSerrano Barron, Lisseth Patricia
MetadataShow full item record
CitationBarron, S., & Patricia, L. (2017). Importancia del cumplimiento de los principios de causalidad y fehaciencia para la deducibilidad de gastos de responsabilidad social relacionados con gastos de infraestructura y su mantenimiento ejecutados por empresas mineras en el Perú. Universidad Peruana de Ciencias Aplicadas (UPC). Retrieved from http://hdl.handle.net/10757/621452
AbstractThe mining sector has had a boost in the country in the last decades not only because of its increased investment, development and exploitation of new projects but also due to the increase in price of metals that Peru exports. Thus the State Tax Administration has as part of their responsibilities oversight main contributors, to constantly verify that the mining companies fulfill the correct determination of their tax compliance, especially in what is regulated by the Income Tax Law and the Value Added Tax Law, which involves the thorough revision of expenses that companies deduce to obtain the net income. It is important to mention that expenses of social responsibility in infrastructure and its maintenance, are necessary to guarantee the continuity of operations of the mining activity within its area of influence. Due to this, mining companies deploy a number of key Sustainable Development Programs to establish good relationships with the surrounding communities. Nevertheless, very frequently this is not widely understood by the State Tax Administration when they review these expenditures. Moreover, mining companies have difficulties at the moment of supporting the deductibility of social responsibility expenses in infrastructure and its maintenance; due to the fact that most of the time the benefit to the company is measured indirectly. Likewise, since they perform activities in rural areas they not always have the legal documents required by the law or the type of documents they must present to support the existence of this expense is not defined by law. As a consequence, in many cases such expenses have been disallowed not only by the State Tax Administration, but also by higher judicial instances impacting on the economic results of mining companies due to the loss of fiscal shield. Lastly, to analyze the existing reality we will review the criteria and positions of Tax Court and the Supreme Court on the principles of causality and reliability in order to make deductible social responsibility expenses in the management of community relations. In addition, a survey will be conducted among Finance and Community Relations Managers of mining companies to find out their position to this respect.
CollectionsContabilidad y Administración