Crypto Taxation in Peru: the Absence of Specific Regulations & Current Scope of SUNAT

The taxation of crypto assets in Perú remains unclear for both investors and the Tax Authority, as there is currently no dedicated body of law, focusing on the taxation of crypto. However, it is important to acknowledge some major key points that can give a proper solution in advance to the problems taxpayers may face in the future due to the current legal uncertainty regarding economical transactions with this specific type of assets.

Cryptocurrencies as digital assets are not recognized as legal tender or centrally backed and are not covered by specific tax regulations in Peru. SUNAT confirmed this in Letter No. 000034-2023-SUNAT (letter published on July the 5th, 2023), stating the following: “Our legal system does not provide specific regulation for cryptocurrencies, nor for their marketing or other types of transactions that may be carried out”

In February 2025,Superintendent Víctor Mejía announced plans to amend the Income Tax Law to consider crypto profits as second-category income for individuals, under this scheme the total earnings of transactions surrounding crypto assets are expected to be taxed at a 5% rate, which is positive for investors starting their paths on the amazing world of crypto, however after five months there has not been any news regarding the announcement of the waited amendment of the Income Tax Law.

On the other hand, it was also proposed that for legal business and companies the corporate income tax or third category should be applied, in this case, the earnings will be taxed at a 29.5% rate. This proposal as well has not been released yet or signed by any Tax Authority in Perú.

Peruvian tax lawyers support this initiative, proposing a reform that explicitly includes the "disposal of cryptocurrencies" as taxable capital income. The  current legal Interpretation on second-category Income gains (rentas desegunda categoría) derived from cryptocurrencies that qualify as capital income—due to their occasional nature and the fact that they are purchased at a higher price—can, in theory, be classified as second-category income (capital gains).

However, the literal meaning of the Income Tax Law (Unique Ordered Text TUO, Income Tax Law, D.S. No. 179-2004-EF) limits "capital gains" to the sale of capital assets: real estate or registered securities—a categorization that expressly excludes cryptocurrencies. In order to include these assets, it's important to make an amendment and include crypto inside the law, despite this fact, it is still imprecise when it comes to the amendment of the Income Tax Law.

The lack of a legal definition generates: imprecision and confusion in the tax treatment of crypto assets as well as a high risk of tax evasion caused directly by the absence of a clear and regular body of law that allows the Authority to have the basic knowledge of the crypto in order to display and effective supervision and taxation of it. Article 63 of the Peruvian Income Tax Law contemplates income expressly imputed "by law." Without a specific regulation, there is currently no basis for taxing any income from crypto assets.

According to Dr Mardini (2025) Cryptocurrency ETFs registered on the Lima Stock Exchange and CAVALI do qualify as securities, so their sales are subject to Income Tax. From comparative legal perspectives, this distinction creates a tax asymmetry: profits from ETFs are taxed, but direct sales profits are not, which generates economic distortion.

In other jurisdictions (such as the US, EU, and some OECD countries), cryptocurrencies are treated as inventories, financial assets, or intangible assets, taxed in the corresponding categories, you can check an article by the same author on taxation of crypto assets in BENELUX to comprehend how Belgium, the Netherlands and Luxembourg have exact regulations regarding taxation of crypto. Peru has not yet adopted a comparable approach, which limits its tax collection capacity and generates biased investment decisions.

It is legally imperative for the Peruvian legislator to follow these steps:

(i) to introduce a clear definition of cryptocurrencies as taxable assets into the Peruvian  Income Tax Law,

(ii) to establish a taxable base and objective criteria—type of income, terms, costs—for the profit obtained and also

(iii) Verify the adequacy of mechanisms such as the ITF(Intelligent Trading Foundation ) or AML/CFT regulations to ensure asset traceability in crypto assets.

In short, until express legislation is passed, individuals are not required to pay Income Taxon cryptocurrency profits, but the doctrinal and projected trend suggests that this situation will change in the medium term, even tough, considering Peruvian reality when it comes to legislation, this might take more time than expected. In the meantime, any attempt to tax crypto assets for individuals it is completely questionable and might awake a debate between authorities and taxpayers.

📚 Sources

1. SUNAT Letter No. 000034-2023-SUNAT
   Clarification from the Peruvian Tax Authority regarding the absence of crypto regulations.
   https://www.sunat.gob.pe/legislacion/oficios/2023/oficios.htm
   (Note: Direct PDF link not provided in the document, but this is the main page for such letters.)
2. Dr. Mardini’s Legal Commentary on Crypto ETFs and Taxation in Perú
   Analysis of the tax asymmetry between crypto ETFs and direct holdings.
   https://ius360.com/publico/tributario/impuesto-a-las-ganancias-de-capital-en-criptomonedas-en-el-peru/
3. Comparative Study: Taxation of Crypto in BENELUX (by same author)
   Overview of how Belgium, the Netherlands, and Luxembourg regulate crypto taxation.
   https://www.o2k.tech/blog/taxation-of-cryptocurrencies-in-benelux-a-divergent-scenario