Peruvian Cooperative Law Becomes Reality
May 25, 2011
LIMA, Peru — The government of Peru earlier this month passed landmark legislation that recognizes the not-for-profit status of credit unions and other cooperatives and grants them tax exemption. La Federación Nacional de Cooperativas de Ahorro y Crédito del Perú (FENACREP), World Council of Credit Unions' (WOCCU) member there, worked with a coalition of cooperative advocacy groups from the time of the bill's introduction into the legislature in December 2009 to get the new law passed.
Manuel Rabines Ripalda, 1st vice chair of WOCCU's board of directors and president and CEO of FENACREP, sees the enactment of the law, which limits or eliminates the application of sales tax to cooperative transactions, as an act of justice for the cooperative movement in Peru. The country's cooperatives have long struggled to help lawmakers understand that cooperatives' transactions with members are not designed to produce profit, thus should not be taxed.
"This is not just about a tax break for cooperatives," Rabines said. "This law is simply correcting the interpretation of the existing cooperative legislation so that tax laws will be properly applied to cooperative acts."
The law specifies the scope of two articles in Peru's existing General Law of Cooperatives by recognizing that cooperatives are different from commercial enterprises in that their transactions with members are cooperative acts. Since these cooperative acts are considered internal — carried out in accordance with the cooperatives' social objectives — they carry no motive for profit. Cooperative acts are not considered a "sale of goods" or "provision of services," so the sales tax associated with these activities is not applicable.
In addition to FENACREP, other cooperatives that assisted in the passage of the landmark legislation included the National Coffee Board, Serviperú and the National Confederation of Cooperatives (CONFENACOOP), which led the coalition to gain multiparty support for cooperatives and move the bill through congress.
The previously existing law allowed income tax exemption only for member transactions, while third-party transactions were still subject to taxation. While this still holds true, the sales tax relief is a significant victory. According to FENACREP, hundreds of cooperatives, mainly coffee cooperatives, would be on the path to bankruptcy without the tax relief from the new law.
"Credit unions and other cooperatives have historically had a strong presence in Peru and throughout Latin America," said Pete Crear, WOCCU president and CEO. "Earning and maintaining the support of government is vital to our global movement, and the enactment of this new law in Peru is a great achievement."
The Peruvian cooperative movement makes a significant contribution to Peru's gross domestic product. Nearly 20% of the population, or 9 million people, are members of around 1,600 cooperatives of different kinds. Nearly 900,000 people are members of 160 credit unions throughout the country.
WOCCU's most recent program in Peru, funded by the U.S. Agency for International Development from 2006 to 2009, expanded credit union outreach to the rural poor through market-driven financial services. WOCCU also developed an award-winning value-chain finance model through the program, fostering improved relationships among market stakeholders to increase producers' incomes.
World Council of Credit Unions is the global trade association and development agency for credit unions. World Council promotes the sustainable development of credit unions and other financial cooperatives around the world to empower people through access to high quality and affordable financial services. World Council advocates on behalf of the global credit union system before international organizations and works with national governments to improve legislation and regulation. Its technical assistance programs introduce new tools and technologies to strengthen credit unions' financial performance and increase their outreach.
World Council has implemented 300+ technical assistance programs in 89 countries. Worldwide, 68,882 credit unions in 109 countries serve 235 million people. Learn more about World Council's impact around the world at www.woccu.org.