The Executive modifies the regulations for public-private partnerships and works for taxes

The Executive Branch modified the Regulations of Law No. 32441 and the Regulations of Law No. 29230 to enable execution terms other than the range of one to three years for Services for Taxes and to incorporate an additional rule for the budgetary support and evaluation of PPP projects. The measure was formalized through Supreme Decree No. 225-2026-EF, published on Saturday, October 24, 2026, in the Legal Norms section of the official newspaper El Peruano.

The regulatory framework being corrected

Law No. 32441 regulates the promotion of private investment through Public-Private Partnerships and Asset Projects, and its Regulations were approved by Supreme Decree No. 316-2025-EF. For its part, Law No. 29230 promotes regional and local public investment with private sector participation, with Regulations approved by Supreme Decree No. 038-2026-EF.

According to the recitals of the norm, Law No. 32460 modified Law No. 29230 and incorporated the “Services” typology into the Works for Taxes mechanism. The previous text of paragraph 82.2 of article 82 established that requirements for Services for Taxes could not be less than one year, with the sole exception regarding the maximum term of three years.

The instrument bears the signature of President Keiko Sofía Fujimori Higuchi and is endorsed by the Minister of Economy and Finance, Elmer Rafael Cuba Bustinza. It was issued at the Government House, in Lima, on October 23, 2026.

Flexible terms for Services for Taxes

Article 2 of Supreme Decree No. 225-2026-EF modifies paragraph 82.2 of article 82 of the Regulations of Law No. 29230. The new wording establishes that the execution term of the required Services cannot be less than one year nor more than three years, unless a different term is required due to the nature of the provision or by special laws.

In such a case, the Public Entity must technically justify the term prior to the prioritization of the Service and adopt the necessary budgetary provisions to guarantee the payment of the Obligations, in accordance with the rules of the National Public Budget System. The change applies to regional and local governments executing works for taxes under this typology.

More flexible budgetary evaluation for PPPs

Article 1 modifies the Fourth Complementary Transitory Provision of the Regulations of Law No. 32441. Until the publication of the first supreme decree referred to in article 41 of said Regulations, Proinversión, in its role as the Public Entity Holder of the Project, supports and evaluates the commitments derived from PPP projects through the Budgetary Capacity of the corresponding sector, for all phases with the exception of Planning and Programming.

The norm adds a specific rule:

• For National Government PPP projects that require only expenses associated with supervision, land, and/or clearance of interferences, Proinversión supports and evaluates them through Budgetary Capacity.
• The application of this rule requires the entity to have the respective budgetary authorizations and own funds.

Publication and regulatory process

Article 3 provides that the supreme decree shall be published on the Single Digital Platform for Citizen Guidance and on the digital site of the Ministry of Economy and Finance, on the same date as its publication in the official gazette. The text further specifies that, due to the exception in paragraph 41.2 of article 41 of the Regulations of Legislative Decree No. 1565, approved by Supreme Decree No. 023-2025-PCM, it was not appropriate to conduct the Ex Ante Regulatory Impact Analysis, nor was a prior Regulatory Quality Analysis required.

The adjustment comes in a context of deployment of the new PPP framework in effect since December 2025 and the Services typology incorporated into the Works for Taxes mechanism. With these modifications, private investors and public entities holding projects have greater leeway to structure provisions whose duration does not fit within the original range, while Proinversión gains an express route to evaluate commitments limited to supervision, land, and interferences without waiting for the full development of the budgetary regulation provided for in article 41.

Source: El Peruano, edition of Saturday, October 24, 2026, Legal Norms section, pág. 48-49 (official reference: 2568101-1).