Such legal system was approved,
through Decision 578, by the
Ministers of Trade of the Andean
Community countries, within the
framework of the Andean Community
Commission meeting held on the
Andean Community headquarters, in
Lima, on May 4, 2004.
Among the improvements introduced
by Decision 578 to the current
rule, the following could be
mentioned: transfer price
treatment; widening and
clarification of the royalties
concept, widening of the concept
of interest accrued on other
financial returns, clarification
on the subject of dividends and
participations.
In addition, it increases the
possibilities to make
consultations and exchange
information between the Andean
Community member countries, and
includes a clause on
interpretation and application,
and a further clause on
collaboration between the
countries for tax collection
purposes.
The new community rule, which is
the result of lengthy discussion
and work, applies to any person
living in any of the Andean
Community countries, with regard
to income and property taxes, and
its purpose is to avoid double
taxation on the same income or
property at community level.
Decisión 578 will be effective "with
regard to the income tax and
property tax imposed and the
amounts paid, proved, or entered
as expenses, from the first day of
the fiscal year following its
publication in the Cartagena
Agreement Official Gazette” (it
was published on May 5, 2004, in
Gazette Nº 1063).