Tokenize Real Estate in Peru

Yes, when structured correctly, though the framework is still developing. Peru has no dedicated crypto statute yet, but a token that has the features of a security falls under the Superintendencia del Mercado de Valores (SMV) and securities rules. Virtual-asset providers must meet AML obligations, and a dedicated cryptoasset framework law is pending in Congress.

Yes, in most of the country. Foreigners can own Peruvian property, including in Lima and other cities; the only constitutional restriction applies to property within 50 km of a national border. Foreign investors can hold tokenized fractions of eligible property.

Not yet. Crypto-assets are largely unregulated, though a 'Framework Law for the Commercialization of Cryptoassets' – which would create an SBS-supervised registry of exchange platforms (RUPIC) – is pending in Congress. Until then, security-like tokens are handled under existing securities law via the SMV, and AML rules apply to virtual-asset providers.

The Superintendencia del Mercado de Valores (SMV) assesses whether a token is a security and, if so, applies securities rules; the Superintendencia de Banca y Seguros (SBS) oversees the financial sector. Both have said they do not yet broadly regulate crypto-assets, but virtual-asset providers must follow AML rules and report to the Financial Intelligence Unit (UIF).

Real estate capital gains are taxed at an effective 5% for both residents and non-residents. Rental income is taxed at an effective 5% for residents, while non-residents face a 30% withholding on gross rent. A 3% transfer tax (Alcabala) applies on purchase above a small threshold. The treatment of a tokenized holding depends on its structure, so confirm with a Peruvian tax advisor.

Peru's tokenized real estate market is at an early stage, without a high-profile completed deal of the kind seen in Brazil or Argentina. The building blocks are in place, though – a securities route through the SMV, AML rules for providers, a pending framework law and a light 5% capital-gains regime – so compliant offerings can be structured today.