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Sandra Pamela Tuesta Quispe

CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 1 of 35

AGREEMENT BETWEEN THE REPUBLIC OF PERU AND THE UNITED STATES


MEXICANS TO AVOID DOUBLE TAXATION AND PREVENT EVASION
REGARDING TAXES ON INCOME TAX AND ITS PROTOCOLS

From Agreement

Date of subscription

: on April 27, 2011

Date of Approval

: on December 23, 2013


: (Legislative Resolution N 30144)

Date of ratification

: on January 16, 2014


: (Supreme Decrees N 003-2014-RE)

Effective date

: on February 9, 2014

Applicable from

: on 1st January, 2015

_______________________________________________________________________________________________________________________________

Pasaje Bahia San Juan 120, San Miguel - Telephone: (511) 6407127
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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 2 of 35

El Peruano
Friday, February 21, 2014
LEGAL STANDARDS
517369
INTERNATIONAL AGREEMENTS
FOREIGN AFFAIRS
Agreement between the Republic of Peru and the United Mexican
States for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion with respect to Taxes on Income
and the Protocol
(Approved by Legislative Resolution No. 30144 of December 27,
2013 and ratified by Supreme Decree No. 003-2014-RE of 16
January 2014)
AGREEMENT BETWEEN THE REPUBLIC OF PERU AND THE UNITED MEXICAN
STATES FOR THE AVOIDANCE OF TAXATION AND THE PREVENTION OF
FISCAL EVASION WITH RESPECT TO DOUBLE TAXATION ON INCOME
The Republic of Peru and the United Mexican States desiring
to conclude a Agreement for the avoidance of double taxation
and prevention of fiscal evasion with respect to taxes on
income.
They have agreed as follows:
Section 1
PERSONS COVERED
This Agreement shall apply to persons who are residents of
one or both Contracting States.
Section 2
INCLUDED TAXES

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 3 of 35

1. The present Agreement shall apply to taxes on income


imposed by each of the Contracting States, either that is the
system of levied.
2. It is considered to be income tax, which taxed all of
the rent or any part thereof, including taxes on gains from
the alienation of movable or immovable property, as well as
taxes on capital gains.
3. The existing taxes to which this agreement applies are,
in particular:
(a) In Peru, established in the "law of the tax to
income taxes,
(Hereinafter referred to as the "Peruvian tax").
(b)

In Mexico:

(i) The federal income tax;


(ii) The single rate business tax;
(Hereinafter referred to as "Mexican tax").
4. The Agreement shall also apply to taxes identical or
analogous nature that they are established subsequent to the
date of signing the contract, to replace the taxes referred
to in paragraph 3 or in addition to these. The competent
authorities of the Contracting States shall communicate is
mutually the substantial changes which have been introduced
in their respective tax laws.
Section 3
GENERAL DEFINITIONS
1. For the purposes of this Agreement, except
context is infers a different interpretation:

that

its

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 4 of 35

a) The term "Peru" for purposes of determining the


geographical scope of the Agreement, means the
Mainland,
Islands,
maritime
areas
and
airspace
covering them, under sovereignty or rights of
sovereignty
and
jurisdiction
of
the
Peru,
in
accordance
with
its
internal
legislation
and
international law;
b) The term "Mexico" means the United States Mexicans;
used in a geographical sense, means the territory of
the Mexican United States, comprising the part of the
Federation; the Islands, including the reefs and cays
in the adjacent seas; the islands of Guadalupe and
Revillagigedo, the continental shelf and the seabed
and submarine sockets of the Islands, cays and reefs;
the waters of the territorial seas and marine
interiors and beyond them, the areas on which, in
accordance
with
international
law,
Mexico
may
exercise
sovereign
rights
of
exploration
and
exploitation of the natural resources of the seabed
subsoil and the overlying waters, and airspace
located above the national territory, to the extent
and under the conditions laid down by international
law;
c) The terms "a Contracting State" and "the other
Contracting State" mean, as the context may require
Peru or Mexico;
d) The term "person" includes natural persons, companies
and any other group of persons;
e) The term "company" means anybody corporate or any
entity which is considered legal entity for tax
purposes;
f) The expressions "enterprise of a Contracting State"
respectively, an enterprise carried on by a resident
of a Contracting State and an enterprise carried on
by a resident of the other Contracting State;

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 5 of 35

g) The term "international traffic" means any transport


effected by a ship or aircraft operated by an
enterprise of a Contracting State, except when said
transportation is carried out between two points
situated in the other Contracting State exclusively;
h) The term "competent authority" means:
(i)

In Peru, the Minister of economy and finance or


its authorized representative;
(ii) In Mexico, the Secretariat of Treasury and
Public Credit;
i) The term "national" means:
(i)

Any natural person who possesses the nationality


of a Contracting State; or
(ii) Any legal person or association constituted in
accordance with the legislation of a Contracting
State.
2. For the implementation of the Agreement by a Contracting
State at any given time, any term or expression not
defined in the same shall, unless context is infers a
different interpretation, meaning that at that moment
has him under the law of that State relating to the
taxes which are the subject of the Agreement, the
meaning attributed by the law of taxation that would
result from other branches of the law of that State to
prevail.
Section 4
RESIDENT
1. For the purposes of this Agreement, the term "resident
of a Contracting State" means any person who, under the
legislation of that State, is subject to tax therein by
reason of their domicile, residence, place of management,
place of incorporation or any other criterion of a similar

_______________________________________________________________________________________________________________________________

Pasaje Bahia San Juan 120, San Miguel - Telephone: (511) 6407127
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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 6 of 35

nature, and also includes the State and any non-subdivision


includes persons that are subject to taxation in that State
only by the income obtained from sources in that State.
2. When under the provisions of paragraph 1a natural person
is a resident of both Contracting States, his situation will
be resolved in the following manner:
a) Such person shall be deemed resident only of the
State where you have a permanent home available; If
you have a permanent home available in both States,
it will be considered resident only State that hold
personal and economic relations closer (Centre of
vital interests);
b) If the State in which that person has the Centre of
its vital interests, or if it did not have a
permanent home available in any of the States, shall
be deemed resident only State where live usually
cannot be determined;
c) If an habitual abode in both States or not to do any
of them, it will be considered a resident of the
State of nationality;
d) If it were national of both States, or wasn't it none
of them, the competent authorities of the Contracting
States will resolve the case by mutual agreement
procedure.
3. When pursuant to the provisions of paragraph 1 a person
who is not a natural person, is a resident of both
Contracting
States,
the
Contracting
States
shall
contain,
if
possible
through
a
mutual
agreement
procedure, to resolve the case. In the absence of mutual
agreement, to resolve the case. In the absence of mutual
agreement between the competent authorities of the
Contracting States, such person is not entitled to claim

_______________________________________________________________________________________________________________________________

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 7 of 35

any of the benefits or tax exemptions provided for by


this Agreement.
Section 5
PERMANENT ESTABLISHMENT
1. For the purposes of this Agreement, the expression
"permanent establishment" means a fixed place of business
through which a company performs all or part of its business
activity.
2. The
expression
especially:
a)
b)
c)
d)
e)
f)

"permanent

establishment"

includes

Address headquarters;
Branches
Offices
Factories
Workshops
Mines, oil or gas wells, quarries or any other place
relating to the exploration or exploitation of
natural resources.

3. The term "permanent establishment" also includes:


a) A work or construction, installation or Assembly
project and supervision activities related to them,
but only when such work, project construction,
installation or Assembly or activity, have a duration
exceeding 6 months;
b) The provision of services by an enterprise, including
consulting services, through employees or other
individuals, through employees or other individuals
entrusted by the company for that purpose, but only
in the case that such activities continue (for the
same project or with a related project) in a
Contracting State for a period or periods that in

_______________________________________________________________________________________________________________________________

Pasaje Bahia San Juan 120, San Miguel - Telephone: (511) 6407127
traduccioneszenoni@gmail.com - www.traduccioneszenoni.com

Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 8 of 35

total exceed 183 days , within any period of twelve


months; and
c) The technical assistance provided by an enterprise
through employees or other individuals entrusted by
it for that purpose, but only in the case that such
activities continue (in relation with the same
project or a connected project) in a Contracting
State for a period or periods that in total exceed 90
days within any period of twelve months.
For the purposes of the calculation of the time limits
referred to in this paragraph, activities carried out by
an enterprise associated with another enterprise within
the meaning of section 9, they will be added to the
period during which activities are carried out by the
company that is associated, if the activities of both
companies are identical or substantially similar.
4. Notwithstanding the provisions above in this section, it
is considered that the expression "permanent establishment"
does not include:
a) The use of facilities for the sole purpose of storage
or display of goods or merchandise belonging to the
enterprise;
b) The maintenance of a stock of goods or merchandise
belonging to the enterprise for the sole purpose of
storage or display them;
c) The maintenance of a stock of goods or merchandise
belonging to the enterprise for the sole purpose of
which are transformed by another company;
d) The maintenance of a fixed place of business for the
sole purpose of purchasing goods or merchandise, or
of collecting information, for the enterprise;
e) The maintenance of a fixed place of business
exclusively dedicated to carry out, on behalf of the

_______________________________________________________________________________________________________________________________

Pasaje Bahia San Juan 120, San Miguel - Telephone: (511) 6407127
traduccioneszenoni@gmail.com - www.traduccioneszenoni.com

Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 9 of 35

enterprise, any other activity of a preparatory or


auxiliary nature.
5. However the provisions of paragraphs 1 and 2, when a
person, unless in the case of an independent agent that
applies paragraph 7, acting in a Contracting State on behalf
of an enterprise of the other Contracting State, shall be
considered that this company has a permanent establishment in
the first Contracting State with respect to any activities
which that person undertakes for the enterprise If that
person has, and habitually exercises in that State powers to
enter into contracts on behalf of the enterprise, unless the
activities of such person are limited to those mentioned in
paragraph 4 that if they exercise through a fixed place of
business, would not make this fixed place of business a
permanent
establishment
under
the
provisions
of
this
paragraph.
6. However these provisions of the present section, it is
considered a resident of a Contracting State insurance
company has, except with regard to reinsurance, a permanent
establishment in the other Contracting State if it collects
premiums in the territory of that other State or if you
insure risks situated in it by means of a person other than
an independent agent to which paragraph 7 applies.
7. It shall not be considered that an enterprise of a
Contracting State has a permanent establishment in the other
Contracting State solely made to perform in those other State
business activities by a broker, a general Commission agent
or any other agent of independent mediation, provided that
these people act in the ordinary performance of their
businesses. However, when that agent makes all or almost all
their activities on behalf of such company, and between that
enterprise and the agent in their commercial and financial
relations are established to impose conditions that differ

_______________________________________________________________________________________________________________________________

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traduccioneszenoni@gmail.com - www.traduccioneszenoni.com

Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 10 of 35

from
that
would
have
established
between
independent
companies, said agent not be considered independent agent
within the meaning of this paragraph.
8. The fact that a resident company of a Contracting State
controls or is controlled by a resident company of the other
Contracting State, or to carry out business in that other
State
(whether
through
a
permanent
establishment
or
otherwise), does not turn on just any of these societies in
permanent establishment of the other.
Section 6
INCOME FROM REAL ESTATE
1. The incomes obtained by a resident of a Contracting
State from immovable property (including income from
agriculture or forestry) situated in the other Contracting
State may be taxed in that other State.
2. The expression "immovable property" shall have the
meaning that attributes the legislation of the Contracting
State in which the property is located. Such term includes,
in any case, accessories property real estate, livestock and
equipment used in agriculture or forestry, rights that are
applicable the provisions of general law relating to
immovable property, usufruct of immovable property and the
right to receive variable or fixed payments for the
exploitation or the granting of the exploitation of mineral
deposits sources and other natural resources. Ships and
aircraft shall not be considered real estate.
3. The provisions of paragraph 1 apply to income derived
from the direct use, lease or share-cropping, as well as any
other form of exploitation of real estate.

_______________________________________________________________________________________________________________________________

Pasaje Bahia San Juan 120, San Miguel - Telephone: (511) 6407127
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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 11 of 35

4. The provisions of paragraphs 1 and 3 apply equally to


income from immovable property used for the performance of
independent personal services and a company.
Section 7
BUSINESS PROFITS
1. The profits of an enterprise of a Contracting State only
may be taxed in that State, unless the company performs their
business activities in the other Contracting State through a
permanent establishment situated therein. If the company
carries out or has carried out its activity in such a way,
the profits of the enterprise may be taxed in the other
State, but only to the extent that they can be attributed to
that permanent establishment.
2. Subject to the provisions of paragraph 3, where an
enterprise of a Contracting State its business activity in
the Contracting State through a permanent establishment
situated therein, in each Contracting State be attributed to
that establishment the benefits that this would have been
able to obtain from a different company and will stop that
carry out the same or similar activities, in the same or
similar conditions and were in complete independence with the
company which is a permanent establishment.
3. The deduction of the necessary expenses incurred for the
purposes of the permanent establishment, including address
expenses and General Administration for the same purposes, if
they are performed in the State in which is situated the
establishment of permanent, as elsewhere will be allowed for
the
determination
of
the
profits
of
the
permanent
establishment.
4. It does not confer any benefit to a permanent
establishment by the mere fact that this purchase goods or
merchandise for the enterprise.

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 12 of 35

5. For purposes of the preceding


attributable
to
the
permanent
calculated each year by the same
valid reasons to proceed in another

paragraphs, the benefits


establishment
shall
be
method, unless there are
way.

6. When the benefits include income regulated separately in


other sections of this Agreement, those provisions will not
be affected by this section.
Section 8
MARITIME AND AIR TRANSPORT
1. The benefits of an enterprise of a Contracting State
from the operation of ships or aircraft in international
traffic only may be taxed in that State.
2. For the purposes of this section:
a) The term "profits" includes, especially:
(i)

Revenues that are derived directly from the


operation of ships or aircraft in international
traffic; and
(ii) Interest on amounts generated directly from the
operation of ships or aircraft in international
traffic,
provided
that
such
interest
is
incidental and inherent exploitation.
b) The expression "exploitation of vessel or aircraft"
by a company also includes:
(i)

The charter or rental of vessel or aircraft on a


bareboat;
(ii) The rental of containers and related equipment;

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 13 of 35

Provided that the freight or lease be accessory to the


operation by that enterprise of ships or aircraft in
international traffic. For purposes of this section, are not
included profits from the participation in a "pool", in a
joint venture or in an international operating agency but
only in so far as the benefits thus obtained be attributable
to the participant in proportion to its share in the joint
operation.
Section 9
ASSOCIATED COMPANIES
1. When
a) An enterprise of a Contracting State participates
directly or indirectly in the management, control or
capital of an enterprise of the other Contracting
State; o
b) A few same persons participate directly or indirectly
in the management, control or capital of an
enterprise of a Contracting State and an enterprise
of the other Contracting State;
And in one case the two companies are, in their
relations, commercial or financial, United accepted or
imposed conditions that differ from that would be agreed
by independent companies, the income that would have
been obtained by one of the companies there is no such
conditions, and that in fact have not been conducted
because of the same may be included in the income of
that company and be subjected to taxation as a result.
2. When a Contracting State includes in the income of an
enterprise of that State, and consequently subject to
taxation, the income on which an enterprise of the other
Contracting State has been subjected to taxation in that
other State and the income so included is income that
would have been done by the State company mentioned in
the first place if the agreed terms between the two
companies had been to which it had been agreed between

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Pasaje Bahia San Juan 120, San Miguel - Telephone: (511) 6407127
traduccioneszenoni@gmail.com - www.traduccioneszenoni.com

Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 14 of 35

independent enterprises that other State practice, if it


agrees, the corresponding adjustment of the amount of
tax which has collected on those benefits. To determine
the adjustment will take into account the other
provisions
of
this
Agreement
and
the
competent
authorities of the Contracting States shall consult if
necessary.
3. The provisions of paragraph 2 shall not apply in cases
of fraud, fault or negligence.
Section 10
DIVIDENDS
1. Dividends paid by a resident company of a Contracting
State to a resident of the other Contracting State may be of
the other Contracting State may be taxed in that other State.
2. Such dividends may also be taxed in the Contracting
State in which resides the society that pays dividends, and
according to the laws of this State. However, if the
beneficial owner of the dividends is a resident of the other
Contracting State, the tax so charged shall not exceed of
the:
a) 10 per cent of the gross amount of the dividends if
the beneficial owner is a company which controls
directly or indirectly not less than 25 percent of
shares with voting rights of the society that pays
those dividends;
b) 15 per cent of the gross amount of the dividends in
all other cases.
The provisions of this paragraph do not affect the
imposition of the society about the benefits charge that
to pay dividends.
3. The term "dividends" in the sense of this section means
income from shares or other rights, except for the credit,
enabling them to participate in the benefits, as well as the

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 15 of 35

yields of other social investments, income from other rights


and other income subject to the same taxation as income from
shares by the laws of the State of which the company making
the distribution is a resident.
4. The provisions of paragraphs 1 and 2 do not apply if the
beneficial owner of the dividends, a resident of a
Contracting State, carries out a business through a permanent
establishment situated there in the other Contracting State,
which the society that pays dividends is resident, or
providing services in that other State independent through a
fixed base located there personal, and participation that
generates dividends is effectively linked to such permanent
establishment or fixed base. In this case, apply the
provisions of section 7 or section 14, as appropriate.
5. When a resident a Contracting State company obtained
profits or income from the other Contracting State, that
other State may not require any tax on the dividends paid by
the company, except insofar as such dividends are paid to a
resident of that other State or participation generated
dividends is actually linked to a permanent establishment or
a fixed base situated in that other State or subject the
undistributed profits consist, totally or partially, benefits
or income from that other State.
6. Without prejudice to the tax that corresponds to the
permanent establishment, when a company resident in a
Contracting State has a permanent establishment in the other
Contracting State, the benefits of this attributable to the
company's permanent establishment, they may be subjected in
the other Contracting State to a tax withheld at source.
However, such a tax may not exceed the limit established in
subsection a) of paragraph 2 of this section.
Section 11

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 16 of 35

INTERESTS
1. The interests from a Contracting State and paid to a
resident of the other Contracting State may be taxed in that
other State.
2. However, such interest may also be taxed in the
Contracting State in which they arise and according to the
legislation of that State, but if the beneficial owner is a
resident of the other Contracting State, the tax so charged
shall not exceed 15 per cent of the gross amount of the
interest.
3. However the provisions of paragraph 2, interest referred
to in paragraph 1 only may be taxed in the Contracting State
of which the beneficial owner of the interest, is a resident
if:
a) The beneficial owner is one of the Contracting States
or one of its political subdivisions, the Central
Bank of a Contracting State, as well as the banks
whose capital is 100% owned by the Contracting State
and which extend loans for one period of not less
than 3 years. In the latter case, the interests who
perceive these banks must be taxed in the country of
residence:
b) Interests are paid by any of the entities referred to
in subparagraph a).
4. The term "interests" in this section means income or
income credits of any nature, with or without mortgage
guarantees or clause of participation in the benefits of the
debtor and, especially, those coming from public funds and
bonds or debentures, including premiums and prizes attached
to these titles, as well as any other concept that is treated
as income or revenue of the quantities given in loan under
the legislation of the Contracting State where These proceed.

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Pasaje Bahia San Juan 120, San Miguel - Telephone: (511) 6407127
traduccioneszenoni@gmail.com - www.traduccioneszenoni.com

Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 17 of 35

The term "interest" does not include income as dividends in


accordance with paragraph 3 of section 10.
5. The provisions of paragraphs 1 and 2 do not apply if the
beneficial owner of interest, resident of a Contracting
State, performed in the other Contracting State in which the
interest, a business through a permanent establishment
situated there, arises or independent personal services
through a fixed base located there, and the credit which the
interest
is
effectively
linked
to
such
permanent
establishment or fixed base. In this case, apply the
provisions of section 7 or section 14, as appropriate.
6. The interests are considered from a Contracting State
when the debtor is a resident of that State. However, when
the debtor of interests, whether or not resident of the
Contracting
State,
has
in
a
Contracting
State
an
establishment or a fixed base and these are supported by the
permanent establishment or the fixed base and these are
supported by the permanent establishment or fixed base, such
interest shall be deemed from the Contracting State where the
permanent establishment or the fixed base is situated.
When in reason of the special relations existing between the
payer and the beneficial owner, or that one and the other
maintained with third parties, the amount of the interest
paid exceeds, for whatever reason, he had agreed the payer
and the beneficial owner in the absence of such relationship,
the provisions of this section do not apply more than this
last amount. In such a case, the amount in excess will be
taxed in accordance with the legislation of each Contracting
State, taking into account the other provisions of this
Agreement.
Section 12
ROYALTIES

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Sandra Pamela Tuesta Quispe


CTP N 0541
Certified Licensed Translator
Spanish English French Portuguese
_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 18 of 35

1. The royalties from a Contracting State and paid to a


resident of the other Contracting State may be taxed in that
other State.
2. However, these royalties may also be taxed in the
Contracting State in which they arise and according to the
legislation of that State, but if the beneficial owner is a
resident of the other Contracting State, the tax so charged
shall not exceed 15 per cent of the gross amount of the
royalties.
3. The term "royalties" in this section means any kind of
amounts paid by the use, or the right to the use of author
rights in literary, artistic and scientific works or other
works protected by author's rights, including cinematographic
films or films, tapes and other media playback of image and
sound, patents, trademarks, designs or models plans, formulas
or procedures secrets, or for the use or right to use,
industrial, commercial or scientific equipment, or for
information concerning industrial, commercial or scientific
experience.
Notwithstanding the provisions of section 13,
the term "royalties" also includes gains obtained from the
alienation
of
any
such
rights
or
assets
which
are
productivity, use or subsequent disposition thereof.
4. The provisions of paragraphs 1 and 2 are not applicable
if the beneficiary cash royalties, resident of a Contracting
State, performed in the Contracting State which come from the
royalties, a business through a permanent establishment
situated there, or independent through a fixed base located
there, and the good personal services or the rights for which
the royalties are paid are linked effectively to such
permanent establishment or fixed base. In such a case the
provisions of section 7 or section 14, are applicable as
appropriate.

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Page 19 of 35

5. The royalties are considered from a Contracting State


when the debtor is a resident of that State. However, when
who pays royalties, whether or not resident of a Contracting
State, has in a Contracting State a permanent establishment
or a fixed base that supports the load of the same, these are
considered to be from the State where the permanent
establishment is situated or fixed base.
6. When by reason of the special relationship between the
payer and the beneficial owner, or that one and the other
maintained with third parties, the amount of the royalties
exceeds, for whatever reason, which would have been agreed by
the payer and the beneficial owner in the absence of such
relationship, the provisions of this section do not apply
more than this last amount. In such a case, the amount in
excess will be taxed in accordance with the legislation of
each Contracting State, taking into account the other
provisions of this Agreement.
Section 13
CAPITAL PROFITS
1. Profits to a resident of a Contracting State from the
alienation of immovable property, as defined in section 6,
situated in the other Contracting State, may be taxed in that
other State.
2. Gains from the alienation of movable property forming
part of the assets of a permanent establishment which an
enterprise of a Contracting State has in the other
Contracting State or of movable property pertaining to a
fixed base which a resident of a Contracting State has in the
other Contracting State for the performance of independent
personal services including gains from the alienation of this
permanent establishment (alone or with the whole of the

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CERTIFIED TRANSLATION No. 0106.2015
Page 20 of 35

company) or this fixed base, may be taxed in that other


State.
3. Gains from the alienation of shares or other similar
rights in a society, whose assets consist, directly or
indirectly, more than 50% on real property situated in a
Contracting State, may be taxed in that State.
4. In addition to taxable profits in accordance with the
provisions of the preceding paragraphs, profits to a resident
of a Contracting State from the alienation of shares,
participations or other rights in the capital of a resident
of the other Contracting State may be taxed in that other
State, provided that the receiver of the gain at any time
during the period of 12 months preceding such alienation,
together with all the people related with the receiver, they
have had a participation of at least 20% in the capital of
the company.
5. Earnings derived from the alienation of ships or
aircraft in international traffic, exploited or of movable
property pertaining to the operation of such ships or
aircraft, only may be taxed in the Contracting State of
residence the alienating.
6. Capital gains other than those referred to in the
preceding paragraphs of the present section may be taxed in
both Contracting States.
Section 14
INDEPENDENT PERSONAL SERVICES
1. Income derived by a natural person resident of a
Contracting State for the provision of professional services
or other activities of an independent nature only may be
taxed in this State, unless he has a fixed base which is
regularly available in the other Contracting State for the

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Page 21 of 35

purpose of carrying out activities or if their presence in


the other Contracting State is for a period or periods that
add up or exceed 183 days altogether in any period of twelve
months; in these cases, only may be taxed in the other
Contracting State the portion of revenues that are attributed
to that fixed base or that is derived from his activities
performed in that other State.
2. The term "professional services" includes especially
independent scientific, literary, artistic, educational or
pedagogical nature activities, as well as the independent
activities of physicians, lawyers, engineers, architects,
dentists, auditors and accountants.
Section 15
DEPENDENT PERSONAL SERVICES
Without prejudice to the provisions of sections 16, 18 and
19, salaries, wages and other remuneration obtained by a
resident of a Contracting State by reason of a single
employment may be taxed in that Contracting State. If the
employment is performed in this way, the remuneration derived
from it may be taxed in that other State.
1. However the provisions of paragraph 1, remuneration
obtained by a resident of a Contracting State because of an
employment performed in the other Contracting State because
of an employment performed in the other Contracting State are
taxed exclusively in the first State if:
a) The receiver remains in the other State for a period
or periods not exceeding 183 days in any twelve month
period altogether; and
b) The remuneration is paid by, or on behalf of a person
who is not a resident of the other State; and
c) Earnings
are
not
supported
by
a
permanent
establishment or a fixed base that a person has in
the other State.

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CERTIFIED TRANSLATION No. 0106.2015
Page 22 of 35

2. However the preceding provisions of this section,


remuneration obtained by a resident of a Contracting State by
reason of an employment performed aboard a ship or aircraft
operated in international traffic only may be taxed in that
State.
Section 16
CONSEULORS PARTICIPATION
Directors' fees and other similar payments to a resident of a
Contracting State as member of a directory or a similar organ
of a company resident in the other Contracting State may be
taxed in that other State.
Section 17
ARTISTS AND ATHLETES
1. Not as though the provisions of sections 7, 14 and 15
incomes get a resident of a Contracting State from the
exercise of their personal activities in the other
Contracting State artist of the show, such as in
theatre, film, radio or television, or musician, or as
an athlete, may be taxed in that other State. The income
referred to in this paragraph include incomes who
resident said obtains any personal activity exercised in
the other Contracting State related to his popularity as
an artist of the show or athlete.
2. However the provisions of the sections 7.14 and 15, when
income derived from personal activities of the show
artists or athletes, in that capacity, attributed not to
the artist of the show or athlete but to another person,
such income may be taxed in the Contracting State in
which the activities of the artist of the show or the
athlete.
Section 18
PENSIONS

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CERTIFIED TRANSLATION No. 0106.2015
Page 23 of 35

Without prejudice to the provisions of paragraph 2 of section


19, pensions and other similar remuneration paid to a
resident of a Contracting State by reason of a previous, only
employment may be taxed in that State.
Section 19
PUBLIC FUNCTIONS
1.
a) Salaries, wages and other similar remuneration,
excluding pensions, paid by a Contracting State or a
political subdivision or local authority thereof to
an individual, on the basis of services rendered to
that State or subdivision or entity, only may be
taxed in that State.
b) However, such salaries, wages and other similar
remuneration, only can be taxed in the other
Contracting State if the services are rendered in
that State and the individual is a resident of that
State who:
(i) It is a national of that State; or
(ii) It has not acquired the status of resident of
that State solely for the purpose of providing
the services.
2.
a) However the provisions of paragraph 1, any pension or
other
similar
remuneration
paid,
or
by
funds
constituted by a Contracting State or political
subdivision
or
local
authority
thereof
to
an
individual on the basis of services rendered to that
State or subdivision or entity, only may be taxed in
that State.

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CTP N 0541
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_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 24 of 35

3.
In the sections 15, 16, 17 and 18 shall apply to
salaries,
wages,
pensions
and
other
similar
remuneration, on the basis of services provided in the
context of a business activity carried out by a
Contracting State or a political subdivision or local
authority thereof.
Section 20
STUDENTS
The amounts received to cover expenses of maintenance,
studies or practical training a student, an apprentice or a
person in practice that is, or was immediately before
arriving in a Contracting State, a resident of the other
Contracting State and who is in the State mentioned in first
place with the sole purpose of continuing their studies or
practical training they may not be taxed in that State
provided that they come from sources outside that State.
Section 21
OTHER INCOME
The income of a resident of a Contracting State not referred
to in the preceding sections of the present Agreement and
that they come from the other Contracting State may also be
taxed in that other Contracting State.
Section 22
BENEFITS LIMITATION
1. The provisions of the sections 10, 11 and 12 shall not
apply if the purpose or one of the main purposes of any
person associated with the creation or assignment of shares,
or other rights in relation to which the dividends, interest
and royalties are paid, whether they get advantages of such
items through such creation or attribution.

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_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 25 of 35

2. The provisions of this Agreement shall not prevent a


Contracting State to apply its provisions related to thin
capitalization and foreign companies (in the case of Mexico,
preferential tax regimes).
Section 23
ELIMINATION OF DOUBLE TAXATION
1. In the case of the Peru double taxation shall be avoided
as follows:
a) The resident of Peru may credit against Peruvian tax
revenues, income or profits arising from Mexico the
income tax paid in Mexico, up to an amount that does
not exceed the tax that would be paid in Peru by the
same income, revenue, or profit; and
b) As a company which is a resident of Mexico pays a
dividend to a company which is resident of Peru and
controls directly or indirectly at least 10 per cent
of the voting power in the company, the credit shall
take into account the tax paid in Mexico by the
society on earnings on which such dividend is paid,
but only up to the limit that the Peruvian tax
exceeds the amount of the credit determined without
regard to this subparagraph.
2. In accordance with the provisions and subject to the
limitations laid down in the laws of Mexico, as occasional
modifications of this legislation which do not affect their
general principles, Mexico will allow its residents credit
against Mexican tax:
a) The Peruvian tax paid by revenue from Peru, in an
amount not exceeding the tax payable in Mexico such
income; and
b) In the case of a company having control at least 10
percent of capital of a resident of Peru society and

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CTP N 0541
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_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 26 of 35

which the company referred to in the first place


receives dividends, the Peruvian tax paid by the
company that distributes such dividends, with respect
to the benefits funded which dividends are paid.
3. When in accordance with any provision of the Agreement
income derived by a resident of a Contracting State is exempt
from taxation in that State, that State may, however, take
into account the exempted income for purposes of calculating
the amount of tax on the remaining income of such resident.
Section 24
NON- DISCRIMINATION
1. Nationals of a Contracting State will be not subjected
in the other Contracting State to no imposition or concerning
the same obligation that is not required or that are more
burdensome than those which are or may be subjected the
nationals of that other State in the same conditions, in
particular with respect to residence. However the provisions
of section 1, this provision is also applicable to persons
who are not residents of one or both Contracting States.
2. The permanent establishment that an enterprise of a
Contracting State has in the other Contracting State shall
not be subjected in that State to an imposition of less
favorable to enterprises of that other State carrying out the
same activities. This provision may not be interpreted in the
sense oblige a Contracting State personal deductions, rebates
and tax reductions which it grants to its own residents in
regard to their marital status or family responsibilities.
3. Unless the provisions of paragraph 1 of section 9,
paragraph 7 of section 11, or paragraph 6 of section 12,
apply, interest, royalties and other expenses paid by an
enterprise of a Contracting State to a resident of the other
Contracting State, will be deductible, for purposes of

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CTP N 0541
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_________________________________________________________________________________________________________
CERTIFIED TRANSLATION No. 0106.2015
Page 27 of 35

determining the benefits subject to imposition of this


company under the same conditions as if it had been paid to a
resident of the State referred to in the first place.
4. Enterprises of a Contracting State whose capital is
wholly or partly owned or controlled, directly or indirectly,
by one or more residents of the other Contracting State, not
will undergo in the first mentioned State any tax or
obligation relating to the same not required or that are more
burdensome than those which are or may be subjected other
similar companies of the State referred to in the first
place.
5. Notwithstanding the provisions of section 2, the
provisions of this section shall apply to taxes of any nature
and description.
Section 25
PROCEDURE OF MUTUAL AGREEMENT
1. When a person considers that the measures adopted by one
or both Contracting States involve or may involve for it an
imposition that is not consistent with the provisions of the
present Agreement, irrespective of the resources provided by
the law of those States, may submit their case to the
competent authority of the Contracting State of which he is
resident or If applicable, paragraph 1 of section 24, of the
Contracting State of which he is a national. The case must be
presented within a period of three years from the first
notification of the measure that taxation not in accordance
with the provisions of this Agreement.
2. The competent authority, if the claim appears founded
and if it cannot find a satisfactory solution by itself, it
will make possible to solve the issue through a procedure of
mutual agreement with the competent authority of the other

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CERTIFIED TRANSLATION No. 0106.2015
Page 28 of 35

Contracting State, in order to avoid taxation which does not


conform to this agreement.
3. The competent authorities of the Contracting States
shall endeavor to resolve the difficulties or doubts to raise
the interpretation or application of the Agreement by means
of a mutual agreement procedure.
4. The competent authorities of the Contracting States may
communicate directly in order to reach an agreement in the
sense of the preceding paragraphs.
Section 26
INFORMATION EXCHANGE
1. The competent authorities of the Contracting States
shall exchange information that is foreseeably relevant to
apply provisions of the Agreement, or in the domestic law of
the Contracting States concerning taxes of any kind and
description required on behalf of the Contracting States, in
so far as the taxation provided for therein is not contrary
to the Agreement. The exchange of information will not be
bound by sections 1 and 2.
2. Information received by a Contracting State under
paragraph 1 shall be kept secret in the same manner as
information obtained under the domestic law of that State,
and only will be communicated to the persons or authorities
(including courts and administrative bodies) responsible for
the assessment or collection of the taxes referred to in the
paragraph to persons or authorities (including courts and
administrative bodies) responsible for the assessment or
collection of the taxes referred to in the paragraph 1, its
effective implementation or the persecution of non-compliance
relating to them, in the resolution of resources in relation
to the same or the supervision of the earlier foundations.

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CERTIFIED TRANSLATION No. 0106.2015
Page 29 of 35

Such persons or authorities to only use this information for


these purposes. May disclose the information in public
hearings of the courts or court rulings.
3. In any case the provisions of paragraphs 1 and 2 be able
to interpret in the sense of obliging a Contracting State to:
a) To adopt contrary administrative measurements to its
legislation or administrative practice, or of the
other Contracting State:
b) To provide information that can be obtained on the
basis of its legislation or in the exercise of their
normal administrative practice, or of the other
Contracting State;
c) To supply information that will reveal any business
commercial, industrial or professional secret or
trade procedures or information whose communication
is contrary to public order.
4. When information is requested by a Contracting State in
accordance with this section, the other Contracting State
shall endeavor to obtain the information referred to in the
request in the same way as if it were their own taxation,
regardless of the fact that this other State, at that time,
does not require of such information. The foregoing
obligation is limited by the provisions of paragraph 3,
provided that this paragraph is not construed to prevent a
Contracting State to provide information exclusively by the
absence of national interest in the same.
5. In any case the provisions of paragraph 3 shall be
interpreted in permit a Contracting State to decline to
supply information solely because it held of banks, other
financial
institutions,
or
any
person
acting
as
a
representative or fiduciary or that information refers to the
participation in the ownership of a person.

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CERTIFIED TRANSLATION No. 0106.2015
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Section 27
MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR OFFICES
The provisions of this Agreement shall not affect the fiscal
privileges to enjoy the members of diplomatic missions or
consular representations in accordance with the General
principles of international law or under the provisions of
special agreements.
Section 28
COMING INTO FORCE
Each of the Contracting States shall notify each other
through diplomatic channels that the procedures required by
its domestic law for the entry into force of this Agreement
have been met. The Agreement shall enter into force thirty
days after the date of receipt of the latter of these
notifications and its provisions shall have effect:
a) With regard to taxes withheld at source, on income
paid or credited from the first day of January of the
year following that in which this Agreement enters
into force;
b) With regard to other taxes, in any fiscal year that
starts from the first day of January of the year
following that in which this Agreement enters into
force.
Section 29
COMPLAINT
This Agreement shall remain in force while
terminated by one of the Contracting States.

not

it

is

Any Contracting State may denounce the Agreement through


diplomatic channels contacting at least six months before the
termination of any year calendar following the expiration of

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a period of five years from the date of its entry into force.
In such a case, the Agreement shall cease to apply:
a) In Mexico,
Respect to taxes withheld at source, on income paid
or credited, from the first day of January of the
calendar year following that in which the notice of
termination is performed;
Respect of other taxes, for any fiscal year that
starts from the first day of January of the calendar
year
following
that
in
which
the
notice
of
termination is performed.
b) In Peru,
Respect of the Peruvian tax, from the first day of
January of the calendar year immediately following
that in which the agreement is denounced.
DONE at Lima, the day 27 of April of two thousand eleven, in
two originals in Spanish, both texts being equally authentic
language.
(signed)
The United States Mexican
(signed)
By the Republic of Peru

PROTOCOL
At the time of signing the Agreement between the Republic
of Peru and the United States Mexicans to avoid double
taxation and prevent fiscal evasion in respect of the income
tax, the undersigned agree that the following provisions
constitute an integral part of this agreement.

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1.

Section 3

With reference to subparagraph (d) of paragraph 1 of


section 3, the term "person" in the case of Peru, including
conjugal societies and the undivided.
2.

Section 5

With reference to paragraph 3 of section 5, technical


assistance
means
the
transmission
of
expertise
not
patentable, that are necessary in the production process,
marketing, provision of services or any other activity
performed by the user. Technical assistance also includes the
training of persons for the implementation of the expertise
previously mentioned.
3.

Section 7

It is understood that the provisions of paragraph 3 of


section 7 are applied only if costs can be attributed to the
permanent establishment in accordance with the provisions of
the tax legislation of the Contracting State in which the
permanent establishment is situated.
4.

Sections 10, 11 y 12

If in any agreement or arrangement entered into by Peru and


a third State to come into force at a later date to the date
of entry into force of the Agreement limit assessment in Peru
on dividends, interest and royalties at one lower rate than
that provided for in sections 10, 11 and 12 of this Agreement
such lower rate should be applied automatically on dividends,
interest and royalties from the Peru and whose beneficial
owner is a resident of Mexico and on dividends, interest and
royalties from Mexico and whose beneficial owner is a
resident of the Peru, under the same conditions as if such
rate lower would have been specified in those section.

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CERTIFIED TRANSLATION No. 0106.2015
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The competent authority of the Peru shall inform the


competent authority of Mexico without delays which have met
the conditions for the application of this paragraph. In the
case of interest and royalties, the rate to be applied
automatically in any case will be less than 10%.
5.

Sections 11 y 13

The provisions of those sections shall not apply if the


recipient of the income, being a resident of a Contracting
State, it is not subject to taxation or exempt relates to
this income in accordance with the laws of that Contracting
State. In this case, this income may be subject to taxation
in the other Contracting State.
6.

Section 12

Relating to the applications - software - payments are


within the scope of the section when it is transferred only a
portion of the rights to the program, whether payments are
made in consideration of the use of a copyright on an
application - software - for commercial exploitation (except
payments by the right of distribution of copies of
standardized software applications that don't behave the
right of adaptation to the customer or reproduction) as if
they correspond to an application - software - acquired for
business or professional use of the buyer, still, in the
latter case, applications - software - not quite standard but
adapted in some way to the purchaser.
7.

Section 14

For Mexico, the permanent establishment principles shall


apply to the term fixed base.
8.

Section

26

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CERTIFIED TRANSLATION No. 0106.2015
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With reference to paragraph 2 of section 26, information


received by a Contracting State can be used for other
purposes when such information may be used for other purposes
in accordance with the laws of both States and the competent
authority of the State which provided it authorize such use.
The implementation of paragraph 5 of section 26, the
Contracting States may take into account constitutional
constraints and relevant legal procedures.
In general
9. In the case of Peru, this Agreement shall not affect
the application of provisions of the Decree legislative N
662, 757, 109 s., law N s. 26221, 27342, 27343, 27909 and
all those amending laws and regulations standards of Peruvian
legislation concerning tax stability in full force at the
date of conclusion of this agreement, and even if they were
eventually modified without altering its general principle.
Those who have agreements that provide tax stability force,
under cover of the cited standards, shall not be eligible
rates laid down in this Agreement.
10. Notwithstanding
any
other
international
agreement
(including the General Agreement on Trade in Services),
disputes arising between the Contracting States relating to a
tax covered by the Agreement only be subject to the
provisions of the Agreement.
DONE at Lima, the day 27 of April of two thousand eleven, in
two originals in Spanish, both texts being equally authentic
language.
(signed)
By The United States Mexican

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CERTIFIED TRANSLATION No. 0106.2015
Page 35 of 35

(signed)
By the Republic of Peru

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