Countries › Peru › Guide › 14. Disputes › Limitation periods in Peru: civil prescription and caducidad, tax and labour periods, and the short statutory deadlines that kill claims

Limitation periods in Peru: civil prescription and caducidad, tax and labour periods, and the short statutory deadlines that kill claims

Last verified: 2026-10-28 · Status: Stable

Under the Civil Code, contract and other personal actions prescribe in ten years and tort claims in two, unless a special law says otherwise; only the law can set these periods and nobody can waive prescription in advance. Prescription can be suspended or interrupted (for example by acknowledgment, a formal demand or service of a claim), but caducidad periods run without interruption, can be applied by the judge on its own and extinguish the right itself. Special regimes are much shorter: four years for labour claims after employment ends, four to ten years for tax assessments, three months to challenge administrative acts, 30 business days for procurement arbitration and 20 business days to annul an award.

USD figures use S/ 3.452 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 27 October 2026, from the Banco Central de Reserva del Perú statistics series PD04640PD. UIT amounts use the 2026 UIT of S/ 5,500 set by Decreto Supremo Nº 301-2025-EF, as cited in SUNAT Resolución de Superintendencia Nº 000016-2026/SUNAT. Conversions are for orientation only.

Key facts

General limitation period for personal actions	10 yearsCódigo Civil art. 2001.1, as of 2026-10-28 · in force
Limitation period for tort damages	2 yearsCódigo Civil art. 2001.4 (Ley Nº 30179), as of 2026-10-28 · in force
Limitation period for non employment service fees	3 yearsCódigo Civil art. 2001.3, as of 2026-10-28 · in force
Advance waiver of prescription allowed	No textCódigo Civil art. 1990, as of 2026-10-28 · in force
Court applies prescription on its own motion	No (caducidad yes) textCódigo Civil art. 1992 and 2006, as of 2026-10-28 · in force
Tax assessment limitation period	4 years (6 if no return; 10 for unpaid withholding) textCódigo Tributario art. 43, as of 2026-10-28 · in force
Limitation period to request a tax refund	4 yearsCódigo Tributario art. 43, as of 2026-10-28 · in force
Limitation period for labour claims	4 years from the end of employment textLey Nº 27321, as of 2026-10-28 · in force
Caducidad to challenge an administrative act	3 monthsTUO Ley Nº 27584 art. 18, as of 2026-10-28 · in force
Unidad Impositiva Tributaria 2026	5,500 PENDS Nº 301-2025-EF, as of 2026-10-28 · in force
SBS banking system selling rate, 27 October 2026	3.452 PEN per USDBCRP series PD04640PD, as of 2026-10-28 · in force

The rule

1. Prescription extinguishes the action but not the right itself. The right to prescribe cannot be waived and any agreement to prevent prescription is void, but a prescription already completed may be waived expressly or tacitly. The judge cannot base a ruling on prescription unless a party invokes it. Prescription runs from the day the action can be exercised and continues against successors, and only the law can set prescription periods.
Cost to do it: No cost; it is a defence that must be raised, never applied by the court on its own.
Example: A clause in a Lima supply contract extending the limitation period to 20 years is void, because only the law sets prescription periods. / A debtor sued on a US$50,000 claim after the period has run must raise prescription; the judge will not apply it by itself.Código Civil, Decreto Legislativo Nº 295 (Libro VIII), MINJUS official edition of August 2014, Art. 1989, 1990, 1991, 1992, 1993 and 2000, 1984-07-25 official text · verified 2026-10-28

2. Unless the law provides otherwise, the following prescribe: in ten years, personal actions (including contract claims), real actions, actions to enforce a final judgment and actions for nullity of a legal act; in seven years, damages for the parties from breach of a simulated act; in three years, claims for fees for services under a non employment relationship; in two years, voidability, revocatory actions, tort damages and actions against representatives of incapable persons; in fifteen years, alimony. Prescription occurs once the last day of the period has passed.
Cost to do it: No cost; missing the period loses the action.
Example: An unpaid invoice of S/ 100,000 (US$28,969) under a supply contract falling due in November 2026 can be claimed until November 2036, unless a special law sets a shorter period. / A consultant's US$20,000 fee claim under a services contract (not employment) prescribes in three years.Código Civil, Decreto Legislativo Nº 295 (Libro VIII), MINJUS official edition of August 2014, as amended by Ley Nº 30179 (El Peruano, 6 April 2014), Art. 2001 and 2002, 2014-04-06 official text · verified 2026-10-28 · changed: Ley Nº 30179 (6 April 2014) moved alimony from the two year to a new fifteen year period; the ten year and two year rules for business claims did not change.

3. Prescription is suspended, among other cases, between legal persons and their administrators while in office, and while it is impossible to bring the claim before a Peruvian court. It is interrupted by acknowledgment of the obligation, a formal demand putting the debtor in default, service of the claim or any act notifying the debtor (even before an incompetent court) and judicial set off. Interruption is lost if the debtor was not served, the claimant withdraws or the case is abandoned. After interruption by a claim or demand, the period restarts when the decision ending the case becomes final; after suspension, the period resumes, adding the time already elapsed. Filing a conciliation request also suspends prescription until the conciliation ends.
Cost to do it: A notarial letter putting the debtor in default is a cheap way to interrupt prescription; the notary charges its own fee.
Example: A Lima creditor whose claim is nine years old sends a formal demand by notarial letter; prescription is interrupted and a new ten year period starts. / A foreign creditor that files a conciliation request on a US$80,000 claim suspends prescription until the conciliation ends.Código Civil, Decreto Legislativo Nº 295 (Libro VIII), MINJUS official edition of August 2014; Ley Nº 26872, Ley de Conciliación, art. 19 as amended by Decreto Legislativo Nº 1070, CC art. 1994, 1995, 1996, 1997 and 1998; Ley Nº 26872 art. 19, 1984-07-25 official text · verified 2026-10-28

4. Caducidad extinguishes both the right and the action. Its periods are set only by law and cannot be changed by agreement, admit no interruption or suspension (except while it is impossible to claim before a Peruvian court), can be declared by the judge on its own motion or on request, and expire on the last day of the period even if it is a non business day.
Cost to do it: No cost; but unlike prescription, a demand letter does not stop a caducidad period.
Example: Sending a letter does not stop the three month caducidad period to challenge an administrative act; only filing the claim does. / A contractor with a US$2 million procurement claim cannot negotiate past the 30 business day caducidad period to start arbitration.Código Civil, Decreto Legislativo Nº 295 (Libro VIII), MINJUS official edition of August 2014, Art. 2003, 2004, 2005, 2006 and 2007, 1984-07-25 official text · verified 2026-10-28

5. The tax administration's power to assess tax, demand payment and impose penalties prescribes in four years, in six years for taxpayers who did not file the return, and in ten years where a withholding or collection agent did not pay the tax withheld or collected. The taxpayer's right to request set off or a refund prescribes in four years. For annual taxes the period runs from 1 January following the due date of the annual return.
Cost to do it: No cost; keep records for at least the six year period where filing is in doubt.
Example: Income tax for 2026, whose annual return is due in 2027, can be assessed until 31 December 2031 if the return is filed. / A Peruvian subsidiary that overpaid US$100,000 of tax has four years to request a refund.Texto Único Ordenado del Código Tributario, art. 43 as replaced by Decreto Legislativo Nº 953 (El Peruano, 5 February 2004), Art. 43 and 44, 2004-02-05 official text · verified 2026-10-28

6. Actions for rights arising from the employment relationship prescribe in four years from the day after employment ends.
Cost to do it: No cost; former employees can claim unpaid benefits for four years after leaving.
Example: A worker dismissed on 30 November 2026 can sue for unpaid benefits until 30 November 2030. / Severance or overtime claims worth US$15,000 from an employee who left in 2026 remain live until 2030.Ley Nº 27321, Ley que establece nuevo plazo de prescripción de las acciones derivadas de la relación laboral (dated 21 July 2000), as compiled in the MTPE compendium of labour rules, Sole article, 2000-07-22 official text · verified 2026-10-28

7. Several statutes set short caducidad periods that matter in business disputes: 20 business days to request annulment of an arbitral award; three months to challenge an administrative act in court; 30 business days to start public procurement arbitration on validity, termination and most other disputes, and 20 business days to submit a dispute to a procurement dispute board. Consumer Code infractions prescribe two years after they were committed or ceased.
Cost to do it: No cost; diary these deadlines from the day of notice.
Example: A company notified of an award on 2 November 2026 has 20 business days to seek annulment. / A supplier whose US$300,000 procurement contract is terminated has 30 business days from notice to start arbitration.Decreto Legislativo Nº 1071 (28 June 2008); TUO de la Ley Nº 27584 (DS Nº 011-2019-JUS, 4 May 2019); Ley Nº 32069 (24 June 2024); Ley Nº 29571 (2 September 2010), DL 1071 art. 64.1; TUO Ley 27584 art. 18; Ley 32069 art. 80.1, 84.4, 84.5 and 84.8; Ley 29571 art. 121, 2024-06-24 official text · verified 2026-10-28

Claim	Period	Type	Norm
Contract and other personal actions; real actions; enforcing a judgment; nullity of a legal act	10 years	Prescription	Código Civil art. 2001.1
Damages from a simulated act	7 years	Prescription	Código Civil art. 2001.2
Fees for services outside employment	3 years	Prescription	Código Civil art. 2001.3
Tort damages; voidability; revocatory action	2 years	Prescription	Código Civil art. 2001.4
Labour claims	4 years after employment ends	Prescription	Ley Nº 27321
Tax assessment and collection	4, 6 or 10 years	Prescription	Código Tributario art. 43
Tax refund or set off	4 years	Prescription	Código Tributario art. 43
Challenge of an administrative act	3 months	Caducidad	TUO Ley Nº 27584 art. 18
Procurement arbitration	30 business days	Caducidad	Ley Nº 32069 art. 84
Annulment of an arbitral award	20 business days	Statutory deadline	DL Nº 1071 art. 64.1
Consumer Code infraction	2 years	Prescription (administrative)	Ley Nº 29571 art. 121

Key limitation and caducidad periods in Peru

Worked example

A Peruvian subsidiary of a US group is owed S/ 345,200 (US$100,000) by a Lima customer under a supply contract that fell due on 15 January 2020. The ten year period for personal actions runs until January 2030. In 2026 the customer acknowledges the debt in writing, which interrupts prescription and starts a new ten year period. If the subsidiary files a conciliation request first, prescription is also suspended while the conciliation runs.
The same subsidiary is notified on 2 November 2026 of a municipal resolution it wants to challenge. That is a caducidad period of three months: letters to the municipality do not stop it, and only filing the contentious administrative claim in time preserves the right.

Step by step

Classify each claim: contract, tort, labour, tax, administrative or procurement, and check for a special law.
Identify whether the period is prescription (can be interrupted) or caducidad (cannot).
Interrupt prescription when needed with a written acknowledgment from the debtor, a notarial demand or service of a claim, or suspend it by filing for conciliation.
For caducidad deadlines, diary the last day and file the claim or arbitration itself; negotiations do not stop the clock.
Raise prescription expressly as a defence when sued, because the judge will not apply it on its own.

Common traps

Contract clauses that shorten or lengthen statutory prescription are void, because only the law can set prescription periods (art. 2000).
Caducidad runs even on non business days and through negotiations; only the cases in art. 1994.8 suspend it.
A claim served before an incompetent court still interrupts prescription, but withdrawal or abandonment of the case cancels the interruption (art. 1996.3 and 1997).
A party that causes the end of a conciliation by not attending loses the suspension of prescription (Ley Nº 26872 art. 15).
Tax periods are six years when no return was filed, so dormant entities that never filed remain exposed longer.

Sources

← Consumer claims in Peru: complaint handling, the complaints book, INDECOPI procedures, fines, collective actions and consumer arbitrationForeign judgments, jurisdiction clauses and cross border service and evidence in Peru: exequatur, reciprocity, apostille and letters rogatory →

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