For retail investors in Peru, the tax rules around US ETFs can change the real return more than many people expect. The key issue is simple: Peru taxes worldwide income for residents, but the US does not have an income tax treaty in force with Peru, so US dividends are still subject to the default 30% withholding rate.
That means a Peruvian investor can own a solid ETF, receive dividends in the US, and still see a large chunk withheld before the cash ever reaches the brokerage account. On the Peruvian side, foreign-source dividends are taxed at 5%, and foreign securities capital gains are also taxed at 5% on the net gain, so the final result depends on both countries' rules.
How SUNAT treats worldwide income
SUNAT, Peru's tax authority, applies a worldwide income principle to resident taxpayers. In practice, if you are a tax resident of Peru, your foreign-source investment income is part of your tax base, including dividends from foreign ETFs and gains from securities sold abroad.
Residency is generally triggered when a person stays in Peru for 183 days or more in any 12-month period. Once residency applies, the annual income tax return, or Declaración Jurada Anual through SUNAT Virtual, becomes the main filing step for reporting foreign investment income.
US ETF dividends and the 30% withholding rate
This is the part many investors miss. Because there is no bilateral tax treaty in force between the US and Peru, the standard US withholding on ETF dividends remains 30%. Filing a W-8BEN is still required for FATCA and account documentation, but it does not reduce that rate.
If an ETF distributes dividends, the US broker or custodian generally withholds the tax before the payment is credited. For a Peruvian investor, this is a direct drag on cash flow, especially in ETFs with high distribution yields. The absence of a treaty is the biggest single fact to keep in mind when comparing US-listed funds with local or regionally taxed alternatives.
Peru's 5% tax on foreign dividends and capital gains
Peru applies a flat 5% rate to foreign-source dividends under the cedular regime for capital income. That rate is low compared with ordinary income tax brackets, but it still matters because it applies on top of whatever tax was already withheld abroad.
Capital gains on foreign securities are also taxed at 5% on the net gain. In plain language, you are taxed on the profit after costs, not on the full sale amount. For investors who buy and hold ETFs for years, this can be manageable, but frequent trading makes the reporting burden and tax cost much more visible.
How the foreign tax credit works
Peru offers unilateral foreign tax credit relief, which is useful because it does not depend on a treaty. The US withholding tax can generally be credited against the Peruvian tax liability on that same income, up to the limit allowed under Peruvian rules.
This does not erase the US tax. It means the same income is not taxed twice in full, as long as the investor reports the income correctly and keeps records of the foreign tax paid. For ETF dividends, that credit is often the difference between a tolerable tax outcome and one that feels punitive.
What the Peru-US treaty gap means in practice
The lack of a Peru-US tax treaty affects both withholding and planning. Investors cannot claim a reduced treaty rate on US dividends, and W-8BEN does not change that. The treaty network that Peru uses through the Andean Community and the Pacific Alliance does not cover the US, so this gap remains central for anyone buying US-listed ETFs.
That is why some investors focus on comparing ETFs by distribution yield, total return, and domicile, not only by expense ratio. A fund with a lower fee may still produce a worse after-tax result if it pays large dividends that face the 30% US withholding rate.
How to think about reporting and records
Good tax reporting starts with basic records: dividend statements, trade confirmations, and proof of foreign tax withheld. These documents help support the annual return filed through SUNAT Virtual and make it easier to calculate net income, gains, and the foreign tax credit.
For many retail investors, the practical move is to keep a simple spreadsheet with purchase date, sale date, cost basis, gross dividends, foreign withholding, and any local tax paid. That makes the Declaración Jurada Anual much easier and lowers the risk of errors when the investment portfolio starts to grow.
Key takeaways for Peruvian retail investors
The main rule is straightforward: if you are a Peruvian tax resident, your foreign investment income matters to SUNAT. US ETF dividends face 30% withholding because there is no treaty in force, while Peru taxes foreign dividends and foreign capital gains at 5% on the relevant base.
For investors, the real decision is not whether taxes exist - they do - but how to structure a portfolio so the after-tax return stays efficient. That means paying attention to ETF domicile, dividend policy, recordkeeping, and the foreign tax credit before buying.
Educational Purposes Only: All content provided by El Fondo is for educational and informational purposes only and does not constitute financial, investment, or legal advice. Risk Warning: Investing involves significant risk of loss. Past performance is not indicative of future results. Accuracy & Regional Variance: While we strive for excellence, El Fondo does not guarantee the accuracy, completeness, or timeliness of the information provided. Financial data and regulations may vary significantly by country or jurisdiction. Always consult with a certified professional before making investment decisions.
