Is crypto legal in Peru? Rules & regulation (2026)

Legal framework

Supreme Decree 006-2023-JUS (VASP AML registration); SBS Resolution 02648-2024 (SPLAFT for PSAVs); pending Bill 1204/2021-CR (Framework Law for Commercialization of Cryptoassets); supervised by SBS/UIF-Perú for AML and SMV for securities

Status by sub-area

• Stablecoins

  None

  Peru has no stablecoin-specific regulation. Stablecoins fall under the generic 'virtual asset' definition in SBS Resolution 02648-2024 for AML purposes if exchanged by a PSAV, but there are no issuance, reserve-backing, redemption, or audit requirements specifically targeting stablecoin issuers.

• Exchanges / VASP

  Partial

  Crypto exchanges (PSAVs) domiciled or incorporated in Peru are subject to binding AML/CFT obligations under SBS Resolution 02648-2024 and Supreme Decree 006-2023-JUS, including SPLAFT implementation, KYC/CDD, compliance officer designation, and UIF-Perú reporting. However, there is no formal licensing, capital, or conduct-of-business regime; that awaits the pending Framework Law.

  Still pending: Framework Law for formal licensing and capital requirements for crypto exchanges

• Token Offerings

  Unclear

  Peru has no dedicated ICO or STO regime. The SMV holds theoretical competence to classify token sales as public securities offerings and prohibits unregulated entities from promoting crypto-backed financial instruments, but it has issued no formal guidance, rulebook, or enforcement action on token offerings.

  Still pending: SMV formal guidance or rulebook on ICOs/STOs classification requirements

• Custody

  Partial

  Custody of client crypto assets is included within the PSAV definition in SBS Resolution 02648-2024 (covering 'custody or administration of virtual assets'), subjecting custodians to AML/SPLAFT obligations. No dedicated rules on asset segregation, proof of reserves, insurance, or qualified-custodian standards have been issued.

  Still pending: Dedicated custody rules: asset segregation, proof of reserves, custodian standards

• DeFi

  None

  Peru has no regulatory framework addressing decentralized finance. No regulator (SBS, SMV, or BCRP) has issued guidance on DeFi protocols, front-ends, DAOs, or liquidity pools. DeFi activity by Peruvian residents is legally unaddressed and neither expressly permitted nor prohibited.

• Tax

  Partial

  SUNAT enforces existing income tax law on crypto gains without a crypto-specific statutory provision. Corporate entities report crypto income as third-category business income; individuals are currently taxed under general intangible-asset rules. A February 2025 SUNAT proposal to amend the Income Tax Law and introduce an explicit 5% second-category rate for individual crypto capital gains had not been enacted as of mid-2026.

  Still pending: SUNAT Income Tax Law amendment for explicit 5% second-category rate on individual crypto gains

Key points: crypto & digital assets in Peru

1. 01AML/CFT Obligation for PSAVs

   SBS Resolution 02648-2024 (August 2024) requires all PSAVs domiciled or incorporated in Peru to implement a System for the Prevention of Money Laundering and Terrorism Financing (SPLAFT), designate a compliance officer, apply customer due diligence, and report suspicious transactions to UIF-Perú.

   intranet2.sbs.gob.pe busquedas.elperuano.pe

2. 02VASP Registration via Supreme Decree

   Supreme Decree 006-2023-JUS (July 2023) first formally incorporated crypto-asset exchange platforms domiciled in Peru as 'obligated subjects' (sujetos obligados) required to report to UIF-Perú, aligning with FATF Recommendation 15.

   compliancelatam.legal step.org

3. 03Pending Comprehensive Framework Law

   Bill 1204/2021-CR ('Crypto Law') would create a formal licensing regime for crypto-asset commercialization platforms, establish a Unified Registry of Crypto-Asset Exchange Platforms (RUPIC), and designate the SBS as the primary licensing authority. The SBS and Ministry of Finance have raised objections; the bill was still under congressional debate as of early 2026.

   cms.law practiceguides.chambers.com

4. 04Travel Rule (August 2026)

   Chapter VIII of SBS Resolution 02648-2024, containing specific Travel Rule obligations for information transfer in virtual-asset transactions, enters into force on 1 August 2026, aligning Peru with FATF Recommendation 16.

   weles-group.com intranet2.sbs.gob.pe

5. 05Tax: SUNAT Enforcement and Proposed Reform

   SUNAT currently applies the existing Income Tax Law to crypto gains (treated as intangible assets; business income under third-category for entities). In February 2025, the SUNAT Superintendent announced a proposed amendment to explicitly classify individual crypto gains as second-category income taxable at 5%, but no legislative amendment had been enacted as of mid-2026.

   revistas.sunat.gob.pe o2k.tech

6. 06Securities Treatment of Tokens

   The SMV (capital markets regulator) has authority to classify token offerings as public securities offerings, but has issued no formal guidance or enforcement actions. Promotion of financial instruments backed by crypto assets by entities not regulated by the SMV or SBS is prohibited.

   cms.law practiceguides.chambers.com

Sources

1. 1.intranet2.sbs.gob.pe/dv_int_cn/2424/v1.0/Adjuntos/2648-2024.R.pdf
2. 2.busquedas.elperuano.pe/dispositivo/SE/2311275-1
3. 3.compliancelatam.legal/en/peru-cryptocurrencies-and-prevention-of-money-laundering-regulatio
4. 4.step.org/industry-news/peru-brings-virtual-asset-service-providers-under-money
5. 5.practiceguides.chambers.com/practice-guides/fintech-2025/peru
6. 6.cms.law/en/int/expert-guides/cms-expert-guide-to-crypto-regulation/peru
7. 7.revistas.sunat.gob.pe/index.php/tya/article/download/63/26/78
8. 8.o2k.tech/blog/crypto-taxation-peru
9. 9.weles-group.com/blog-jungle/params/post/5124456/latin-america-crypto-compliance-2026-