Countries › Peru › Guide › 11. Real estate and land › Tax on selling property in Peru: 5 percent on residents' and non resident individuals' gains, 30 percent for foreign companies, the home and pre 2004 exemptions, habitual sellers and payment before the deed

Tax on selling property in Peru: 5 percent on residents' and non resident individuals' gains, 30 percent for foreign companies, the home and pre 2004 exemptions, habitual sellers and payment before the deed

Argentina. For full detail on Argentina, go to The Argentine Thread.

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

A resident individual who sells property pays a definitive 5 percent on the gain (6.25 percent on 80 percent of it), computed on cost adjusted by the MEF monetary correction index, and must show the receipt to the notary before the deed is signed. There is no tax on a home owned and lived in for at least two years as the only property, or on property acquired before 1 January 2004; from the third sale in a year an individual is treated as a habitual (business) seller. For non resident sellers the buyer withholds 5 percent for individuals and 30 percent for companies, and the seller needs a SUNAT certificate of its cost to avoid being taxed on the gross price.

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 based 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

Tax on a resident individual's gain on selling property (definitive)	5 %TUO LIR art. 84-A, 52-A, 36, as of 2026-10-28 · in force
Tax on a non resident individual's gain on Peruvian property	5 %TUO LIR art. 54 b) (DL 1258), as of 2026-10-28 · in force
Tax on a non resident company's gain on Peruvian property	30 %TUO LIR art. 56 j), as of 2026-10-28 · in force
Years as the only property and home for the sale to be untaxed (SUNAT guide)	2 yearsTUO LIR art. 2 (SUNAT guide), as of 2026-10-28 · in force
Property acquired before this date is not taxed on sale (SUNAT guide)	2004-01-01 dateSUNAT guide Venta de inmuebles, as of 2026-10-28 · in force
Sale in a year from which an individual is a habitual seller	3 salesTUO LIR art. 4 (Ley 29492), as of 2026-10-28 · in force
Business days after which a non resident may proceed without SUNAT's cost certificate	30 business daysTUO LIR art. 76-A, as of 2026-10-28 · in force

The rule

1. The sale of real estate by an individual who does not carry on business is a capital gain taxed as second category income, but the gain on a property occupied as the seller's home is not a taxable capital gain.Texto Único Ordenado de la Ley del Impuesto a la Renta, Decreto Supremo Nº 179-2004-EF; art. 2 as replaced by Decreto Legislativo Nº 945 (published 23 December 2003), Art. 2 last paragraph, item i), 2003-12-23 official text · verified 2026-10-28

2. SUNAT's 2026 guide states that no tax is due when the seller owns a single property that has been their home for at least two years, when the cost is equal to or higher than the price, when the gain is business income, or when the property was acquired before 1 January 2004 and this is proved with a document of certain date, a declaration of intestate succession or a registered will. In those cases the seller gives the notary a communication that no payment is due. The gain is the price minus the computable cost, which is the purchase or construction cost multiplied by the monetary correction index published monthly by the Ministry of Economy and Finance; a price in foreign currency is converted at the SBS buying rate on the payment date.SUNAT guide Venta de inmuebles, Rentas de Segunda Categoría (2026 edition), applying the TUO Ley del Impuesto a la Renta, Casos en los que no debe declarar ni pagar; cálculo de la ganancia, 2026-10-28 official text · verified 2026-10-28

3. On the sale of property or rights over it, the resident seller pays as a definitive payment 6.25 percent on the gain after deducting 20 percent, and must present the receipt to the notary before the minuta is raised to a public deed. Payment is made with Form 1662 (tax code 3021) and declared on Form 1665 by the monthly deadline for the month after the price is received.
Cost to do it: 5 percent of the gain. On a S/ 115,000 gain: S/ 5,750.00.
Example: Bought for S/ 500,000, index 0.97, cost S/ 485,000; sold for S/ 600,000; gain S/ 115,000 x 5% = S/ 5,750.00. / About US$1,665.70 on a US$33,314.02 gain.TUO Ley del Impuesto a la Renta; art. 84-A as replaced by Decreto Legislativo Nº 972 (published 10 March 2007, in force 1 January 2009); art. 36 and art. 52-A, Art. 84-A, art. 36 and art. 52-A, 2007-03-10 official text · verified 2026-10-28

4. An individual is presumed to be a habitual seller of property from the third sale in a tax year, and the status continues for the following two years; parking spaces and storage rooms sold with or in the same building as another unit do not count, and neither do fiduciary transfers, sales through investment funds or trusts, sales of inherited property or the sale of the seller's home. A habitual seller's gains are business income.TUO Ley del Impuesto a la Renta; art. 4 as replaced by Ley Nº 29492 (published 31 December 2009, in force 1 January 2010), Art. 4, 2009-12-31 official text · verified 2026-10-28

5. Non resident individuals pay 5 percent on capital gains from selling real estate; non resident legal entities pay 30 percent on other income, which includes these gains. Domiciled companies pay 29.5 percent on their net business income.
Example: Same S/ 115,000 gain: non resident individual S/ 5,750.00; non resident company S/ 34,500.00. / About US$1,665.70 and US$9,994.21.TUO Ley del Impuesto a la Renta; art. 54 letter b) as amended by Decreto Legislativo Nº 1258 (published 8 December 2016, in force 1 January 2017); art. 56 letter j); art. 55, Art. 54 b), art. 55 and art. 56 j), 2016-12-08 official text · verified 2026-10-28

6. When a non resident sells Peruvian property, the buyer must pay the withholding to SUNAT as a definitive tax by the monthly deadline for the month after payment. Before the deed is signed, the buyer must show the notary proof of payment of the withholding, and the seller must present SUNAT's certification of the capital invested, or prove that more than 30 business days have passed since applying without SUNAT issuing it; otherwise the cost is not deducted.TUO Ley del Impuesto a la Renta; art. 76-A added by Ley Nº 28655 (published 29 December 2005); art. 76, Art. 76 and art. 76-A, 2005-12-29 official text · verified 2026-10-28

7. Peru has no double tax treaty with Argentina: Argentina's official list of agreements in force does not include Peru, so an Argentine seller gets no treaty reduction on a Peruvian property gain.Argentina, Ministerio de Economía, list of double taxation agreements in force, List of countries, 2026-10-28 official text · verified 2026-10-28

Seller	Rate	Who pays	Tax S/	Tax US$
Resident individual, not habitual	5% definitive	Seller, before the deed	5,750.00	1,665.70
Resident individual, only home for 2 years or more	Not taxed	Notice to notary	0.00	0.00
Non resident individual	5%	Buyer withholds	5,750.00	1,665.70
Non resident company	30%	Buyer withholds	34,500.00	9,994.21
Peruvian company	29.5% of net income	Company, in its return	Depends on the year's results

Tax on a S/ 115,000 gain from selling a Lima apartment (USD at S/ 3.452)

Worked example

SUNAT's own 2026 example: a property bought in January 2025 for S/ 500,000 and sold in April 2026 for S/ 600,000 is the seller's only property but was not their home for two years. With a monetary correction index of 0.97, the cost is S/ 485,000, the gain S/ 115,000 and the tax S/ 5,750.00 (US$1,665.70).
If the seller were an Argentine company with the same S/ 115,000 gain, the buyer would withhold 30 percent: S/ 34,500.00 (US$9,994.21), provided the company had SUNAT's certificate of its cost; without it, the cost is not deducted. No treaty reduces this, since Peru and Argentina have no double tax treaty.

Step by step

Before marketing the property, confirm whether an exemption applies (home for two years and only property, or acquired before 2004) and gather proof.
Compute the gain with the MEF monetary correction index for the month of sale.
Resident seller: pay 5 percent with Form 1662, take the receipt to the notary, then declare on Form 1665 by the next monthly deadline.
Non resident seller: apply to SUNAT for the certificate of capital invested at least 30 business days before signing; the buyer withholds and pays, and shows the receipt to the notary.

Common traps

The home exemption in SUNAT's guide requires a single property used as home for at least two years; owning another unit can remove it.
A third sale in the same year turns the individual into a habitual seller, with business treatment for two more years.
Without SUNAT's cost certificate, a non resident is taxed on the gross price, which can turn a 5 percent tax on the gain into 5 percent of the whole price.
Argentine sellers get no treaty relief in Peru; see The Argentine Thread for how Argentina taxes its residents' foreign gains.

Sources

← IGV on real estate in Peru: the builder's first sale, the 50 percent land exclusion, used property, leases by businesses and the 35 UIT housing exemptionTax on rental income in Peru: 5 percent effective for resident and non resident individuals, 30 percent for foreign companies, monthly payments, the 6 percent minimum rent and imputed rent →

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