Countries › Peru › Guide › 5. FX and capital controls › Capital contributions and repatriation in Peru: bringing money in, registering it with ProInversión and taking it back out

Capital contributions and repatriation in Peru: bringing money in, registering it with ProInversión and taking it back out

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

Foreign investment in Peru needs no prior approval: it is automatically authorized and only has to be registered with ProInversión after it is made, which anchors the statutory right to send the capital back abroad, including share sale, capital reduction and liquidation proceeds, without any authorization once taxes are paid. Cash contributions must come through the Peruvian financial system, and any payment of 1 UIT (S/ 5,500 in 2026) or more to buy, increase or reduce an equity stake can only be made through a bank. Investors putting in at least US$5 million (US$10 million in mining and hydrocarbons) can lock these rights for ten years with a legal stability agreement.

USD figures use S/ 3.446 per US dollar, the banking system selling rate published by the Superintendencia de Banca, Seguros y AFP for 26 October 2026 as shown in the Banco Central de Reserva del Perú statistics series PD04640PD. Amounts that the law sets in US dollars or soles are quoted as written. Conversions are for orientation only.

Key facts

Prior approval for foreign direct investment	None; foreign investments are automatically authorized and registered afterwards textDL 662 art. 3, as of 2026-10-28 · in force
Repatriation of registered capital, including share sale and liquidation proceeds	Free, without prior authorization, after taxes textDS 162-92-EF art. 15 a); DL 662 art. 7 a), as of 2026-10-28 · in force
ProInversión term to resolve a foreign investment registration	25 business daysProInversión procedure sheet 10613, as of 2026-10-28 · in force
Minimum contribution for a legal stability agreement, sectors other than mining and hydrocarbons	5000000 USDLey 27342 art. 2.1, as of 2026-10-28 · in force
Minimum contribution for a legal stability agreement, mining and hydrocarbons	10000000 USDLey 27342 art. 2.1, as of 2026-10-28 · in force
Term of a legal stability agreement (concessions: life of the concession)	10 yearsProInversión procedure sheet 9495, as of 2026-10-28 · in force
Payments for acquiring, increasing or reducing an equity stake that must go through the financial system	1 UIT (S/ 5,500 in 2026) or more textTUO Ley 28194 art. 3, as of 2026-10-28 · in force

The rule

1. Foreign investments made in Peru are automatically authorized; once made, they must be registered with the competent national body (today ProInversión). Foreign investment covers, among other forms: contributions by foreign individuals or companies to the capital of a new or existing company, channeled through the Peruvian financial system, in freely convertible currency or in physical goods such as plant, machinery, equipment, spare parts and raw materials; investments in soles from funds that may be remitted abroad; the conversion of private foreign debt into shares; reinvestments; investments in property located in Peru; intangible technology contributions; listed securities and bank certificates of deposit; and participation agreements. Foreign investors have the same rights and obligations as Peruvian investors, and the law may not discriminate by the national or foreign origin of the capital.
Cost to do it: No authorization fee: the investment is authorized by law. Registration costs are covered in the ProInversión rule below.
Example: A US parent wires S/ 3,446,000 to subscribe a capital increase of its Peruvian S.A.C.; no ministry or central bank approves the contribution beforehand. / The same contribution is US$1,000,000; it only needs to arrive through a Peruvian bank and be registered afterwards.Decreto Legislativo Nº 662 (legal stability regime for foreign investment), Art. 1, art. 2 and art. 3, 1991-09-02 official text · verified 2026-10-28

2. To enjoy the guarantees given to foreign capital, investments coming from abroad, whether owned by foreign or Peruvian investors, must be channeled through the Peruvian financial system and registered with the competent national body. The right to remit means the investor may transfer abroad without restriction, in freely convertible currency and without prior authorization of any central, regional or local government entity, provided the investment was duly registered and taxes were paid: the whole of the capital from abroad, including the proceeds of selling shares, participations or rights, of reducing capital and of partially or totally liquidating companies; the whole of proven dividends or net profits; and royalties and payments for the use and transfer of technology. Whenever currency is converted, the investor may sell or buy it from any person at the most favorable rate available in the market.
Cost to do it: No fee to remit. The costs are the taxes on the gain or distribution, the bank spread and transfer commission, and the 0.005 percent financial transactions tax on the debit.
Example: A foreign shareholder that registered a S/ 3,446,000 contribution and is repaid S/ 3,446,000 in a capital reduction funded from paid in capital can wire it all abroad without permission. / US$1,000,000 of registered capital returned through a capital reduction can be remitted in full in dollars, with no exchange authority involved.Decreto Supremo Nº 162-92-EF (regulation of the investment guarantee regimes of DL 662 and DL 757), dated 9 October 1992; Decreto Legislativo Nº 662, DS 162-92-EF art. 13, art. 14 and art. 15; DL 662 art. 7 a) and art. 9, 1992-10-09 official text · verified 2026-10-28

3. ProInversión's Dirección de Servicios al Inversionista registers foreign investments made under any modality of DL 662 art. 1. Capital contributions are filed with Form 1 and its annex for the investment modality; investments raised by placing securities abroad with Form 2; and share transfers with Form 3 and Annex 4, each with the documents listed on the form and signed off by the legal representative. If the registration must also count for a legal stability agreement, the filing adds a certified copy of the journal entry capitalizing the contribution, proof that the contribution came from abroad through the Peruvian financial system, the public deed of the capital increase and the registered amendment of the bylaws. Filings are online through ProInversión's virtual front desk (or in person in San Isidro, Lima) and the resolution is sent within 25 business days.
Cost to do it: The official procedure sheet lists no government fee. Practical costs are notarial certification of the deed and journal entry and, for foreign documents, apostille or legalization.
Example: A S/ 3,446,000 capital increase registered with Form 1: filed online on day one, resolution within 25 business days. / For a US$1,000,000 contribution the only outlay is the notarial and document cost; there is no registration fee.Decreto Legislativo Nº 662; ProInversión procedure sheet 'Registrar inversiones extranjeras en Proinversión' (last updated 29 April 2021), DL 662 art. 3; procedure sheet requirements and term, 1991-09-02 official text · verified 2026-10-28

4. Payments of one UIT (S/ 5,500 in 2026) or more, even when made in parts, to acquire, increase or reduce a stake in the capital of a legal entity may only be made through the payment means listed in the law (bank deposits, transfers, payment orders, cards, cheques, remittances, letters of credit). Notaries and other parties bound by anti money laundering rules must record in the deed the payment means used, and if the client refuses to show it they must not carry out the operation and must consider a suspicious transaction report to UIF Perú. Payments without these means give no right to deduct costs or claim tax credits or refunds.
Cost to do it: Ordinary bank charges plus 0.005 percent ITF on the debit; the cost of non compliance is losing the tax cost basis or deduction and a stalled notarial deed.
Example: A buyer paying S/ 5,500 or more for shares of a Peruvian S.A.C. must pay by bank transfer; paying S/ 5,000 in cash would be allowed under this rule but not under the general S/ 2,000 threshold. / Any share purchase or capital increase of about US$1,596 (1 UIT) or more must go through a bank.Texto Único Ordenado de la Ley Nº 28194 (Decreto Supremo Nº 150-2007-EF), art. 3 as amended by Decreto Legislativo Nº 1529 (published 3 March 2022, in force 1 April 2022), Art. 3 third and fourth paragraphs, art. 5 and art. 8, 2022-03-03 official text · verified 2026-10-28

5. A capital reduction or liquidation is not a pure return of capital for tax purposes. It counts as a dividend, taxed at 5 percent when paid to a non domiciled shareholder, (i) up to the amount of profits, revaluation surpluses, premiums or free reserves that were capitalized earlier (unless the reduction covers losses under the companies law) or that exist when the reduction is agreed, and (ii) for the difference between the nominal value of the shares plus any premium and what the shareholder receives on the reduction or on liquidation.
Cost to do it: 5 percent of the amount treated as a dividend, withheld by the company.
Example: A company with S/ 1,000,000 of capital, of which S/ 400,000 came from capitalized profits, reduces capital by S/ 1,000,000: S/ 400,000 is a dividend and bears S/ 20,000 of withholding. / On a US$290,192 reduction that includes US$116,077 of capitalized profits, US$5,804 is withheld.Texto Único Ordenado de la Ley del Impuesto a la Renta (Decreto Supremo Nº 179-2004-EF); art. 24-A c) replaced by Decreto Legislativo Nº 1112 (published 29 June 2012, in force 1 January 2013), Art. 24-A c) and d); art. 56 e), 2012-06-29 official text · verified 2026-10-28

6. Investors may sign a legal stability agreement with the State, through ProInversión, that freezes for its term: the income tax regime in force when it is signed (covering the tax on dividends and profits attributed to the investor), the regime of free availability of foreign currency and the remittance and exchange rate rights of DL 662 art. 7 and art. 9, and the right to non discrimination. Since Ley 27342 the investor must commit to cash contributions, channeled through the Peruvian financial system, to the capital of an established or new company, or risk investments with third parties, of at least US$10,000,000 in mining and hydrocarbons and at least US$5,000,000 in other sectors, to be made within two years. The agreement may be signed after filing the preliminary investment form, before or within 12 months after obtaining the enabling title. ProInversión states the agreement lasts ten years (or the life of the concession for concession holders) and resolves requests within 20 business days.
Cost to do it: Minimum commitment US$5,000,000 (about S/ 17,230,000) or US$10,000,000 in mining and hydrocarbons (about S/ 34,460,000). The procedure sheet lists no government fee; documents from abroad need an apostille or legalization.
Example: An investor committing S/ 17,230,000 of new capital to a manufacturing company within two years qualifies; S/ 10,000,000 does not. / US$5,000,000 is the floor outside mining and hydrocarbons; a US$8,000,000 mine expansion would fall short of the US$10,000,000 sector minimum.Decreto Legislativo Nº 662 art. 10 (as replaced by Decreto Legislativo Nº 1011, published 11 May 2008) and art. 11; Ley Nº 27342 (published 6 September 2000) art. 2; ProInversión procedure sheet 'Obtener garantías de estabilidad jurídica' (last updated 22 February 2022), DL 662 art. 10 and 11; Ley 27342 art. 2.1 and 2.2, 2000-09-06 official text · verified 2026-10-28

7. Under a legal stability agreement the investments are valued and registered with the competent body in freely convertible currency, and the capital gain on a later transfer is the difference, in that same currency, between the amount for which the investment is transferred and the registered value.
Cost to do it: No separate fee; the effect is on the measurement of the taxable gain.
Example: A stability holder that registered its investment at US$1,000,000 and sells it for US$1,500,000 measures a US$500,000 gain, whatever the sol rate did in between (S/ 1,723,000 at S/ 3.446). / Gain of US$500,000 measured in dollars, so sol depreciation alone does not create a taxable gain.Decreto Supremo Nº 162-92-EF, Art. 20, 1992-10-09 official text · verified 2026-10-28

Route	Remittance permit	Tax on the outflow	Source
Dividend	None	5% withholding	DL 662 art. 7 b); LIR art. 56 e)
Capital reduction returning paid in capital	None	None on the capital itself; capitalized or existing profits count as dividends	DS 162-92-EF art. 15 a); LIR art. 24-A c)
Liquidation	None	Excess over nominal value plus premium is a dividend at 5%	LIR art. 24-A d)
Sale of the shares	None	Capital gains tax on the seller (see the capital gains page)	DS 162-92-EF art. 15 a)
Loan repayment	None	None on principal; interest withholding 4.99% or 30%	TUO Ley 28194 art. 3; LIR art. 56

Ways money comes back out of a Peruvian company and how each is treated, before treaty relief. Soles at S/ 3.446 per US dollar (26 October 2026). Illustration only.

Item	Rule	Source
Minimum contribution, mining and hydrocarbons	US$10,000,000 (about S/ 34,460,000)	Ley 27342 art. 2.1
Minimum contribution, other sectors	US$5,000,000 (about S/ 17,230,000)	Ley 27342 art. 2.1
Time to make the contribution	2 years	ProInversión sheet 9495; DL 662 art. 11
Term	10 years, or the life of the concession	ProInversión sheet 9495
Time for ProInversión to resolve	20 business days	ProInversión sheet 9495
When it can be signed	After filing the preliminary investment form, before or within 12 months after the enabling title	DL 662 art. 10 (DL 1011)

Legal stability agreement thresholds and terms, with their legal source.

Worked example

A Spanish parent capitalizes its new Peruvian S.A.C. with US$1,000,000 (S/ 3,446,000), wired to the company's account at a Peruvian bank. The notary records the bank transfer in the capital increase deed, the company registers the increase at SUNARP, and it then files Form 1 with ProInversión, getting its registration resolution within 25 business days. Five years later the parent sells the shares for US$1,500,000: the buyer pays through a bank, the seller settles the capital gains tax, and the net proceeds leave Peru without any exchange permit.
The same company later reduces capital by S/ 1,000,000, of which S/ 400,000 came from capitalizing 2024 profits. S/ 600,000 is a return of capital with no withholding; S/ 400,000 is a dividend and bears S/ 20,000 (5 percent). The parent receives S/ 980,000, about US$284,388.
Argentina and Peru: for an Argentine parent, Peru's side is the same open regime shown here; whether and how the Argentine company can send the dollars out of Argentina in the first place is governed by Argentine FX rules, covered in The Argentine Thread guide.

Step by step

Open a Peruvian bank account for the receiving company and wire the contribution from abroad into it; keep the bank's credit advice.
Formalize the subscription or capital increase by public deed, with the notary recording the payment means, and register it at SUNARP.
File the registration with ProInversión (Form 1 for contributions, Form 3 for share purchases from Peruvian sellers) through the virtual front desk; expect the resolution within 25 business days.
If the investment will reach US$5,000,000 (US$10,000,000 in mining or hydrocarbons) within two years, apply for a legal stability agreement with Form 5 before or within 12 months after getting the enabling title; ProInversión resolves within 20 business days.
Before any capital reduction or liquidation, split the amount into returned capital and the parts that count as dividends under LIR art. 24-A c) and d), and withhold 5 percent on the latter.
Remit through a bank at the most favorable rate you can obtain; no exchange form or permit is needed.

Common traps

Contributions not channeled through the Peruvian financial system, or never registered with ProInversión, sit outside the DS 162-92-EF art. 14 guarantees, and a capital payment of 1 UIT or more made outside a bank also costs the tax basis.
A capital reduction is not automatically tax free: amounts that come from capitalized profits or premiums, or that exceed nominal value plus premium on liquidation, are dividends at 5 percent.
Legal stability thresholds are cash contributions channeled through Peruvian banks; contributions in kind and loans do not count toward the US$5,000,000 or US$10,000,000 minimum under Ley 27342 art. 2.1.
The agreement carries an express termination condition: if the committed contributions are not made, are reduced or are transferred to third parties, it is left without effect, with penalties and payment of the taxes that went unpaid (DL 662 art. 11).

Sources

Related: Peru country profile · live dashboard · central bank and release calendar · our posts on X · where Argentina is involved, see The Argentine Thread guide

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