Peru Country Commercial Guide
Learn about the market conditions, opportunities, regulations, and business conditions in Peru, prepared by at U.S. Embassies worldwide by Commerce Department, State Department and other U.S. agencies’ professionals.
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Distribution and Sales Channels
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Using an Agent to Sell U.S. Products and Services

Peruvian law does not require the use of local distributors for private sector commercial sales. However, it is recommended for U.S. companies to contract and register a local agent when selling to the government (see “Selling to the Public Sector” section).  Exporters to Peru often find it advantageous to have a local representative to remain informed of the latest opportunities and developments.

Establishing an Office

To operate successfully in Peru, companies must engage reputable legal counsel, locally known as “Estudios,” with attorneys addressed as “Doctor” or “Doctora” followed by their surname. These legal experts should possess proficiency in corporate and branch income taxes, corporate residence, value-added taxes, capital gains, inter-company dividends and pricing, stock dividends, depreciation, net operating losses, and payments to foreign affiliates. Key considerations also include compliance with labor laws, workers’ benefits, payroll and withholding taxes, municipal operating permits, and intellectual property protections. Many U.S. companies opt to retain the local representative of their U.S.-based auditor to streamline processes. Foreign corporations seeking a permanent presence must formally incorporate and register with the Peruvian Mercantile Registry (Registro Mercantil del Perú). This legal framework ensures compliance and supports effective business operations in Peru’s dynamic market.

Foreign entities can purchase real estate without establishing a local office by authorizing a local representative to manage and finalize the transaction. Lima has seen a significant increase in office spaces suitable for international companies, alongside expanded residential options in Lima and other cities, facilitating easy relocation for foreign managerial staff. However, industrial space remains limited within and around Lima, prompting new operations to establish bases in areas south and east of the capital. To incorporate a company, firms must select a business structure—such as a corporation, limited liability company, branch, joint venture, or consortium—and prepare articles of incorporation signed by a qualified attorney. Registration with the National Superintendency of Public Registries (SUNARP) via a public notary and obtaining a taxpayer registry (RUC) from the Peruvian Tax Administration Agency are mandatory steps. Additionally, companies must authorize a payroll book with the Ministry of Labor and Employment Promotion and secure a municipal operating license from the local municipality, with detailed guidance available through ProInversion.

For the latest Investment Climate Statement (ICS) which includes information on investment and business environments in foreign economies pertinent to establishing and operating an office and to hiring employees, visit the U.S. Department of State’s Investment Climate Statements website.

Franchising

Franchising in Peru has experienced a robust recovery in recent years, with food franchises leading due to strong consumer demand and U.S. brand appeal. Many food franchises have shifted to smaller eat-in spaces with a focus on delivery sales. Peru lacks specific franchising legislation, but operations are governed by general commercial law, antitrust regulations, and Andean Community Decisions 486, 608, and 291, requiring franchise agreements to be registered with INDECOPI. Franchisors must navigate a 30 percent income tax on royalties, an 18 percent value-added tax (IGV) paid by local companies, and product-specific import tariffs. Peru’s double taxation agreements with countries like Brazil and Canada adjust royalty tax rates, but the absence of such an agreement with the United States results in the full 30 percent withholding tax for U.S. franchisors.

Direct Marketing 

Direct marketing remains a favored strategy for engaging target audiences in Peru’s service sector, particularly among financial and retail businesses. Limited access to direct marketing databases prompts companies to hire contractors for telemarketing and mailing campaigns, often sourcing commercial data through Peru’s Chambers of Commerce. Catalog sales for consumer goods struggle due to consumer preference for in-store purchasing, which ensures product quality and immediate availability. Unreliable parcel delivery through Peru’s postal system further hinders catalog sales, pushing businesses to rely on private couriers. These courier companies actively promote express delivery services to support catalog sales and the growing e-commerce market, offering faster and more reliable solutions.

Joint Ventures/Licensing 

Peruvian law fosters joint ventures and licensing agreements, enabling foreign investors to collaborate with legally established local partners to ensure compliance with local regulations. The Foreign Investment Promotion Law guarantees equal treatment for foreign and local investors, supporting partnerships in sectors like manufacturing while protecting intellectual property and capital transfers. Local partners typically assist with critical tasks, such as registering intellectual property licensing agreements with INDECOPI or joint venture agreements with SUNARP, sharing legal responsibilities based on contract terms. Peru’s strategic trade agreements, including the U.S.-Peru Trade Promotion Agreement, enhance opportunities for such collaborations by facilitating market access. A skilled local partner is essential to navigate Peru’s regulatory landscape, including tax obligations and labor laws, ensuring successful operations.

Express Delivery 

Consumers in Peru frequently express dissatisfaction with the unreliable parcel delivery services provided by the national postal system, Serpost, due to delays and poor tracking. Private courier companies have seized this opportunity to promote their express delivery services, implementing advanced clearance processes that reduce package release times to an average of two days. Many packages are now cleared on the day of the aircraft’s arrival at major hubs like Lima’s Jorge Chávez International Airport, depending on customs efficiency. Leading couriers, including DHL, UPS, and FedEx, dominate Peru’s express delivery market, serving the growing needs of e-commerce and businesses.

Due Diligence 

U.S. businesses considering exporting to or investing in Peru should perform due diligence on their potential clients, associates, or partners. The International Company Profile (ICP) service provided by the U.S. Commercial Service can provide a background information on potential clients or partners, including owners, the year established, size, sales, financial information, and reputation in the market. The U.S. Embassy in Peru can also provide commercial and economic briefings to U.S. businesspersons traveling to Peru.

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Global Business Navigator Chatbot Beta

Welcome to the Global Business Navigator, an artificial intelligence (AI) Chatbot from the International Trade Administration (ITA). This tool, currently in beta version testing, is designed to provide general information on the exporting process and the resources available to assist new and experienced U.S. exporters. The Chatbot, developed using Microsoft’s Azure AI services, is trained on ITA’s export-related content and aims to quickly get users the information they need. The Chatbot is intended to make the benefits of exporting more accessible by understanding non-expert language, idiomatic expressions, and foreign languages.

Limitations

As a beta product, the Chatbot is currently being tested and its responses may occasionally produce inaccurate or incomplete information. The Chatbot is trained to decline out of scope or inappropriate requests. The Chatbot’s knowledge is limited to the public information on the Export Solutions web pages of Trade.gov, which covers a wide range of topics on exporting. While it cannot provide responses specific to a company’s product or a specific foreign market, its reference pages will guide you to other relevant government resources and market research. Always double-check the Chatbot’s responses using the provided references or by visiting the Export Solutions web pages on Trade.gov. Do not use its responses as legal or professional advice. Inaccurate advice from the Chatbot would not be a defense to violating any export rules or regulations.

Privacy

The Chatbot does not collect information about users and does not use the contents of users’ chat history to learn new information. All feedback is anonymous. Please do not enter personally identifiable information (PII), sensitive, or proprietary information into the Chatbot. Your conversations will not be connected to other interactions or accounts with ITA. Conversations with the Chatbot may be reviewed to help ITA improve the tool and address harmful, illegal, or otherwise inappropriate questions.

Translation

The Chatbot supports a wide range of languages. Because the Chatbot is trained in English and responses are translated, you should verify the translation. For example, the Chatbot may have difficulty with acronyms, abbreviations, and nuances in a language other than English.

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