Maneuvers. 28634 amended the law on income tax. Experts say the amendment of a law with its own name, without technical support. They call for repeal because it generates losses to the treasury.
The Camisea gas exports by Peru LNG was achieved at all costs because they made various legal maneuvers, including the amendment of Law 28634 of income tax, say various experts consulted by The Republic.
To Aurelio Ochoa, an expert on oil, Law 28,634 has its own name, which was promulgated on December 2, 2005 with the sole purpose of which carry gas from Peru to Mexico .
And that, says the expert, this rule is intended to benefit a single company, as the text explicitly states that it is for goods intended for export whose contracts are older than 15 years and prices also make reference to the Henry Hub.
"Who is the only company that exports to the Henry Hub and has a contract over 15 years? The only company that has it is Peru LNG, "said Ochoa.
The expert said that this law allows Peru LNG to get around the National Superintendency of Tax Administration (Sunat), since that entity is not allowed to check the price of gas exports .
"When any company exports, the Sunat can check the price at which the product was sold, but in this case has been Sunat unable to do such monitoring. Simply Sunat have to submit to the finding of Peru LNG gas export, "he says.
In this regard, Carlos Herrera Descalzi, former Minister of Energy and Mines, said that changing this law has never had a technical background document.
"This law has been made for Peru LNG finger. Was changed without ever be justified. The Ministry of Energy and Mines never showed that the export of gas out of concern for Peru, only take it as a dogma by the country believe that the export of gas was fundamental and based on that changed the whole structure designed for energy security in Peru, "he said.
is included in the agreement
Once the amendments to the law, thereby benefiting the Peru LNG, in 2006 lists the legal maneuvering, took After signing the investment agreement for the installation, operation and maintenance of the plant processing natural gas from the Peruvian government and the company.
Y is the fifth clause of paragraph 5.10, referring to taxes, which referred to the Law 28 634 (see graphic).
This change came when Prime Minister Pedro Pablo Kuczynski was and is part of the plot "lobbyist" to export the gifts God gave us the Shell.
It should be noted that the Act explicitly states: "Supreme Decree will determine the market value of those transfers of goods in the country under contracts with a term of validity is more than 15 years provided that the property subject to transaction is intended for further export by the purchaser ...".
reaction
"law is a proper name because the only contract that mentions the Henry Hub is the gas export contract."
Aurelio Ochoa
Expert in hydrocarbons.
generate high losses to the treasury
Aurelio Ochoa, an expert on oil, found it necessary to repeal the Law 28634, since otherwise it would imply that the Peruvian government fails to collect hundreds of millions of dollars.
"With this law, the company may be selling the gas at the price you want and get around to declaring Sunat fictitious. In doing so, would the Treasury's loss of hundreds of millions of dollars, because Peru LNG will never declare the truth. Not be clear which Peru LNG revenues should account for the Sunat "he said.
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