According to the Informative Caballero Bustamante, a first aspect that is essential to consider refers to article 33 of the Commercial Code. The aforementioned article establishes that, in general, all business (be it a natural or legal person) must necessarily carry, in order to protect the interests that converge in the company, the following accounting books: (i) Inventories and Balance Sheets, Daily, Major (Main books) and (ii) the other books ordered by special laws (Mandatory Auxiliary Books and Records). Based on this, for accounting purposes they must keep the main books and auxiliary and mandatory records to record operations.
Based on this premise, we will proceed to outline some scopes referring to the Simplified Format Daily Book that we consider relevant to take into account. The Simplified Format Daily Book has been established by Superintendency Resolution No. 234-2006 / SUNAT (12/30/2006), a standard that regulates Books and Records related to tax matters, hereinafter the Resolution.
accounting-book-simplified-formatNow, a first aspect to consider is that it is not properly an Accounting Book but rather a book incorporated by a tax regulation, but evidently created under an accounting name and with the purpose of recording in "simplified form" the operations carried out by a company or organization using the current Chart of Accounts. Originally, in accordance with the provisions of subsection 5.3, numeral 5: Daily Book of article 13 of the Resolution in force as of 01.01.2009, the keeping of said book was optional for legal persons whose gross annual income from the previous year they did not exceed 100 UIT and it replaced the Daily, Mayor and Cash - Banks books. However, given that through D. Leg. Nº 1086, article 65 of the TUO of the LIR is modified,providing that those third-category income earners whose Gross Annual Income for the previous year did not exceed 150 UIT, must keep at least a Sales Register, a Purchase Register and a Simplified Format Daily Book, in accordance with the regulations of the matter.
In this regard, as far as the Simplified Format Daily Book is concerned, the regulations on the matter correspond to numeral 5 of article 13 of the Resolution, however said regulations had become outdated. By virtue of this, in order to agree the aforementioned modification with the provisions established by SUNAT for books and records related to tax matters, through Superintendency Resolution No. 239-2008 / SUNAT (12/31/2008) effective as of 01.01. 2009, rule amending the Resolution, with respect to the Simplified Format Daily Book, the following changes occur:
- Section 5.3 is repealed. of numeral 5 of article 13 of Superintendency Resolution No. 234-2006 / SUNAT. A numeral 5-A is incorporated to regulate the Daily Book of Simplified Format. It is detailed as a Book linked to tax matters. A maximum term of backlog for the Simplified Format Journal. Format 5.2 is modified. Simplified format Daily Book.
It is important to note that the format containing the amendments has been published on 01.08.2009 in the Official Gazette El Peruano.
The most relevant implications that these changes produce are the following:
- It is no longer part of the Daily Book but qualifies as another independent book of the General Journal. This leads to the conclusion that it is mandatory to keep it, duly legalized. Likewise, it no longer replaces the main books such as Mayor and Caja y Bancos.
Based on the above, the following points are raised:
- Taxpayers with gross income up to 150 UIT, can they choose to keep other Books and Records?
If we agree the tax provisions with the regulation provided by Article 33 of the Code of Commerce, more than an option should be seen as a legal obligation of every business to keep its Main Books as well as auxiliary records that are mandatory.
Under this perspective, the Simplified Format Daily Book must be kept in the same system in which the Main Books are kept.
- Based on the analysis made in the previous paragraph, is it mandatory to keep the Daily Book?
Considering that the Simplified Format Daily Book constitutes a Main Book and different from the Daily Book, but that they have the same function; We do not warn that keeping the Daily Book is legally mandatory if the Simplified Format Daily Book is kept.
Of course, if the Daily Book is also kept, this would not imply any contingency for the taxpayer.
- Is the Simplified Format Daily Book mandatory if you choose to keep full accounts?
Under the premise that it constitutes a Main Book, it is mandatory to keep it in accordance with tax regulations regardless of whether the main books are kept in compliance with the provisions of article 33 of the Commercial Code.
- Is there a tax contingency if the taxpayer only keeps the Record of Sales, Purchases and the Simplified Format Daily Book, when his gross income does not exceed 150 UIT?
In the case raised, the taxpayer is complying with the minimum bearing required by article 65 of the TUO of the LIR, by virtue of this, no tax contingency would occur, as long as the provisions established in article 13 of the Resolution are observed.
Of course, in this case it is not complying with the mandate established in Article 33 of the Commercial Code.
- Are taxpayers whose gross income exceeds 150 UIT are required to keep the Simplified Format Daily Book?
For tax purposes in accordance with article 65 of the TUO of the LIR, taxpayers whose gross income exceeds 150 UIT are required to keep a Complete Accounting. In this regard, article 12 of the Resolution regarding the books that make up the Complete Accounting does not detail the Daily Book of Simplified Format.
In conclusion, taxpayers obliged to keep Complete Accounts are not required to keep the Simplified Format Daily Book.
- Bound
Pursuant to article 65 of the TUO of the LIR, taxpayers whose gross income corresponding to the previous year does not exceed 150 UIT are required to keep the Simplified Format Daily Book.
- Maximum delay period
According to Annex 2 of the Resolution, the maximum delay period for the Simplified Format Daily Book corresponds to three (3) months from the first business day following the operations.
- General requirements
- It requires containing the following header data:
- Name of the book.
- Period and / or year to which the registered information corresponds.
- RUC number of the tax debtor, Surname and names, denomination and / or company name of the latter.
In the event that the book is kept manually, this information will suffice to include it on the first page of each period or year; Therefore, it is understood that if it is carried in a computerized manner, said information must be entered on all pages.
- In the case of the record of operations, they must be in chronological or correlative order, unless, by special rule, a predetermined order is established.The information entered must be legible, without spaces or blank lines, interpolations, amendments, or signs of having been altered The General Accounting Plan (PCGE) in force in the country will be used, for which purpose they will use accounting accounts disaggregated at least at the level of the digits established in said plan, except that due to the application of the tax regulations, a greater disaggregation.
The use of the General Accounting Plan in force in the country will not be applicable in those cases in which, by express Law, tax debtors are empowered to use an Accounting Plan, Accounting Manual or another similar one, in which case they must use these last.
- The amounts for each folio, column or accounting account will be totaled until the general total of the taxable period or year is obtained as appropriate.
For this purpose, the accumulated totals on each page will be transferred to the next page preceded by the phrase "VAN". In the first line of the following page, the accumulated total of the previous page will be recorded, preceded by the phrase "COME". At the end of the taxable period or year, the corresponding closing will be carried out, recording the general total.
If no operations are carried out in a certain period or taxable year, the legend "NO OPERATIONS" will be recorded on the corresponding folio.
In the case of books or records that are kept using loose or continuous sheets, the totalization will be made at the end of the period or year.
- The information must be in national currency and in Spanish, except for the exceptions provided by the Tax Code. It must include the corresponding adjustment, reclassification or rectification records or entries. It must contain original pages, not admitting the adhesion of sheets or folios, unless otherwise provided by law.
- Minimal information
Paragraph 5-A of article 13 of the Resolution provides the following minimum information that the Simplified Format Daily Book must contain:
(i) Correlative number or unique code of the operation.
(ii) Date or period of the operation.
(iii) Gloss or description of the operation.
(iv) Accounts according to the General Accounting Plan in Force.
(v) Totals.
- Practical case
The company NEGOCIOS AYACUCHO SAC with RUC Nº 20305040120 dedicated to the commercialization of office supplies and whose gross income in the previous year did not exceed 150 UIT, presents the following information regarding the operations carried out in the month of January 2009.
- At the beginning of the month the following balances of the Balance accounts are shown:
| BILL | NAMES | AMOUNT |
| 104 | Current accounts | 9,000 |
| 108 | Savings | 6,000 |
| 121 | customers | 5,500 |
| 161 | Various accounts receivable | 1,800 |
| 201 | Merchandise | 9,000 |
| 335 | Furniture and fixtures | 5,000 |
| 336 | Miscellaneous Equipment | 4,500 |
| 3931 | Furniture and Household Depreciation | (500) |
| 3932 | Depreciation of miscellaneous equipment | (1,500) |
| 4011 | General sales tax | 540 |
| 4017 | Income tax | 300 (*) |
| 4031 | ONP | 390 |
| 4032 | Essalud | 270 |
| 421 | Bills to pay | 3,500 |
| 469 | Other accounts payable | 2,200 |
| 501 | Capital | 16,400 |
| 591 | Accumulated results | 15,200 |
- The purchases taxed with IGV that were made during the month amount to S /. 34,200 plus IGV. Said operations were recorded in the Purchase Register, made up of:
- Purchase of merchandise S /. 26,420.00
- Purchase of fixed assets S /. 5,200.00
- Public services S /. 1,600.00
- Other expenses S /. 980.00
- Taxed sales made in January amount to S /. 39,600 plus VAT. These operations are recorded in the Sales Register. On January 12, SOCIEDAD GLOBAL SAC was charged for the sale of merchandise for S /. 2,100. The January Payroll Provision amounts to S /. 4,300 (50% being assigned for administration and 50% sales). On January 13, tax obligations of S /. 1,300 for the December 2008 period. Includes the payment on account of the Income Tax for the month of December amounting to S /. 100. On January 16, a pending invoice is paid to the company EL TROME SA, for the purchase of merchandise for the value of S /. 1,800. On January 28, Mr. Ricardo Ledesma Herrera provides the plumbing service for which he issues the Receipt for Fees No. 001-2010 in the amount of S /. 350,Said service is canceled in cash the same day. On January 31, the payroll for the month was paid. At the end of the month, vacations and CTS accrued for S /. 390.58 and S /. 358.33 respectively. As of January 31, the depreciation of the month was provisioned for a value of S /. 87.50.
Additional data
- The cost of the merchandise sold is S /. 28,500.
- The fixed assets were acquired on 01/30/2009.
- The records of purchases and sales will be centralized at the end of the month in the Simplified Format Daily Book.
- The company does not keep the cash-bank book.
- The company will use the PCGR in 2009.
According to these data, record the operations of the month in a Simplified Format Daily Book.
FORMAT 5.2.: JOURNAL BOOK SIMPLIFIED FORMAT
PERIOD: JANUARY-2009
RUC: 20409988776
COMPANY NAME: BUSINESSES AYACUCHO SAC
(See PDF)
BIBLIOGRAPHY:
- National Superintendency of Tax Administration: Superintendency Resolution No. 234-2006 / Informative Caballero Bustamante No. 654- January 2009. Special thanks for providing us with your practical case. Hernández Celis, Domingo (2009) Peru: Books and records related to tax matters
