Leveling the Playing Field: The SNI’s Call to Regulate Global E-commerce Giants in Peru

Executive Summary: The Industrial Sector’s Growing Alarm

The Peruvian industrial landscape is facing a pivotal moment of tension. The National Society of Industries (SNI), the country’s primary representative body for manufacturers, has issued a formal and urgent call for the government to implement stricter tax oversight on global e-commerce platforms, such as Temu, Shein, and other international digital marketplaces.

According to the SNI, the rapid proliferation of these platforms has created an environment of "unequal competition." While domestic manufacturers and local retailers are strictly governed by Peru’s tax code, labor regulations, and import tariffs, these foreign digital entities—often operating through cross-border delivery models—are perceived to be bypassing the fiscal obligations that support the national economy. This disparity, the SNI argues, is not merely a matter of unfair competition but an existential threat to local manufacturing sectors already struggling with post-pandemic recovery.


Chronology of the Digital Retail Shift

To understand the current friction between the SNI and global e-commerce giants, one must examine the rapid evolution of digital consumption in Peru over the last five years.

  • 2019-2020 (The Digital Acceleration): The COVID-19 pandemic acted as a massive catalyst for e-commerce adoption in Peru. While local businesses scrambled to digitalize, global marketplaces—already equipped with sophisticated logistics networks—began to capture a larger share of the Peruvian consumer’s wallet.
  • 2021-2022 (The Rise of Cross-Border Models): The emergence of aggressive, ultra-low-cost retail models like Temu changed the consumer dynamic. By utilizing direct-to-consumer shipping from overseas warehouses, these platforms bypassed traditional import middle-men, allowing them to offer prices that local retailers simply could not match.
  • Early 2023 (The Textile Crisis): As the Peruvian textile and apparel sector faced a cooling period—exacerbated by unpredictable weather patterns and reduced consumer spending—the contrast between the growth of foreign e-commerce and the decline of domestic sales became impossible to ignore.
  • Mid-2024 (The SNI Intervention): Antonio Castillo, a senior representative of the SNI, utilized platforms like Economía Para Todos to bring the issue into the national spotlight, quantifying the economic footprint of these platforms for the first time and demanding a government-led regulatory response.

The Economic Footprint: Quantifying the Disruption

The SNI estimates that the total economic activity tied to these foreign e-commerce applications in Peru has reached approximately US$1 billion. This figure, according to the guild, is a cross-sectoral estimate that encompasses everything from electronics and household goods to apparel and footwear.

Breaking Down the Disparity

The core of the SNI’s argument lies in the structure of the Peruvian tax system. Domestic companies are required to pay:

  1. Income Tax (Impuesto a la Renta): Levied on corporate profits generated within the country.
  2. General Sales Tax (IGV): A 18% value-added tax applied to virtually all commercial transactions.
  3. Local Labor Obligations: Social security, health insurance, and labor benefits that increase the operational cost of manufacturing in Peru.

When a Peruvian manufacturer produces a shirt, the price on the tag must cover the cost of raw materials, labor, electricity, logistics, and the aforementioned tax burden. In contrast, when a consumer purchases a similar product from an international app, the fiscal friction is often minimized. The SNI contends that these platforms effectively exploit "loopholes" in customs and tax enforcement, allowing them to operate at a margin that local businesses cannot touch.


Official Responses and the Regulatory Stance

The SNI’s stance is clear: they are not calling for a ban on these platforms, but for a "tax harmonization."

The Argument for Fairness

"They should pay the same taxes as anyone who imports goods and sells in the national market," Antonio Castillo stated during his recent address. The SNI argues that if these platforms are going to capture a significant percentage of the Peruvian market share, they should contribute to the national treasury in the same manner as local businesses.

Revenue Potential for the State

Beyond protecting local industry, the SNI highlights the fiscal benefit to the Peruvian government. If these platforms were brought into the formal tax net, the state could realize significant revenue—a vital consideration as the Ministry of Economy and Finance looks for ways to bolster public spending without increasing the tax burden on compliant, established businesses.


Implications for the Peruvian Manufacturing Sector

The impact of this trend is not distributed evenly. The textile and clothing industry has been the most vocal in its opposition, citing a "perfect storm" of challenges.

The Textile Sector in Jeopardy

Peru’s textile industry is a pillar of its industrial history, known for high-quality cotton and skilled labor. However, the sector is currently suffering from:

  • Inventory Accumulation: Due to an unexpectedly warm winter and a broader economic slowdown, many manufacturers are sitting on massive stocks of unsold winter wear.
  • Price-Driven Competition: The ultra-low-cost products arriving from foreign platforms are often priced lower than the cost of the raw materials used by Peruvian manufacturers, making competition impossible.
  • The "Low Tariff" Trap: Peru’s commitment to low import tariffs, while intended to make life easier for consumers and lower costs for businesses, has inadvertently made it the perfect playground for predatory pricing by international digital giants.

Wider Industrial Consequences

If the manufacturing base continues to shrink, the implications extend beyond immediate tax revenue. The loss of industrial jobs—which are typically formal, stable, and unionized—could lead to a broader degradation of the labor market. Furthermore, the reliance on foreign supply chains through these apps makes the Peruvian economy more vulnerable to global logistics disruptions.


Looking Toward Global Precedents

The SNI notes that Peru is not alone in this struggle. Across the globe, governments are waking up to the challenges posed by the "Temu-fication" of retail:

  • European Union: The EU has been aggressively moving to remove the VAT exemption on low-value goods, recognizing that the sheer volume of small parcels is overwhelming customs and hurting local retailers.
  • Brazil: The Brazilian government implemented the "Remessa Conforme" program, which requires international e-commerce platforms to collect taxes at the point of sale, ensuring that the playing field is leveled at the checkout screen.
  • Indonesia: Authorities have taken even more direct action, banning certain types of direct-to-consumer social commerce to protect their massive domestic micro, small, and medium-sized enterprise (MSME) sector.

The SNI is advocating for a similar, though perhaps less restrictive, model for Peru. They suggest that the government needs to prioritize "tax equity" as a pillar of its economic policy moving forward.


Challenges in Enforcement

While the SNI’s proposal is logically sound, it faces significant practical hurdles.

  1. Administrative Complexity: Tracking millions of individual low-value packages requires a digital infrastructure that the Peruvian Customs (SUNAT) may not currently possess.
  2. Diplomatic and Trade Considerations: Peru has numerous free trade agreements. Any sudden move to impose new taxes could be perceived as a violation of these agreements, leading to potential trade disputes.
  3. Consumer Backlash: Millions of Peruvians have come to rely on these platforms for affordable goods. Any regulatory move that results in higher prices for the end-consumer will likely face public opposition.

Conclusion: The Path Forward

The discourse initiated by the Sociedad Nacional de Industrias is a necessary one. It highlights a fundamental truth about the digital age: that our tax and regulatory systems, designed for a world of brick-and-mortar storefronts and traditional customs houses, are struggling to keep pace with the hyper-speed of global digital platforms.

For the Peruvian economy to thrive, it must find a balance between the benefits of globalized digital trade—namely, consumer choice and competitive pricing—and the protection of its own industrial base. The SNI’s proposal for tax parity is a starting point, not an end. It calls for a sophisticated, data-driven approach to tax collection that recognizes that in the 21st century, the digital marketplace is just as much a "local" market as the shopping malls of Lima.

As the government considers its next steps, the message from the SNI is clear: industrial health cannot be sacrificed at the altar of frictionless digital consumption. Without intervention, the "unequal competition" will not just hurt profits; it will fundamentally alter the composition of the Peruvian economy, potentially hollowing out the manufacturing sector in favor of an economy based on the consumption of foreign, low-cost goods. The time for a comprehensive, updated fiscal policy for the digital age is now.