Transfer Prices in Peru, regulations and formal obligations demanded by SUNAT

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Desde el año 2006, en el Perú se viene presentando a la Superintendencia Nacional de Aduanas y de Administración Tributaria – SUNAT, la declaración Jurada de Precios de Transferencia, mediante el PDT de precios de transferencia – formulario virtual 3560. Esta declaración se basa en Artículo 4° de la R. de S. N° 167-2006/SUNAT y modificada por la R. de S.N° 165-2013/SUNAT; en este se menciona la potestad que tiene la administración tributaria para realizar ajustes a una compañía peruana cuando identifica transacciones con sus partes vinculadas locales y/o del exterior y que no fueron realizados a valores de mercado (principio Arms Legth). Para ello estableció en los artículos del 108° al 116° del Capítulo XIX de la Ley del Impuesto a la Renta, ámbito de aplicación, parámetros, comparabilidad, análisis transacciones, metodologías, rango intercuartil, documentación sustentatoria, APA’s, entre otros.

Since the year 2006, in Peru, it is being presented at the Superintendencia Nacional de Aduanas y de Administración Tributaria – SUNAT, (National Superintendence of Customs and Tax Management), the sworn statement of Transfer Prices through the PDT of transfer prices – virtual form 3560. This statement is based on the Article 4° of the R. of S. N° 167-2006/SUNAT and modified by the R. of S.N° 165-2013/SUNAT; in which, it is mentioned the legal authority that the tax administration has to execute adjustments on a Peruvian company when it identifies transactions with their local and/or foreign connected parties that were not performed at market value (Arm’s Length principle). For this purpose, it established in the Articles from 108° to 116° of the Chapter XIX of the Income Tax Law, Application Scope, parameters, comparability, analysis, transactions, methodologies, interquartile rank, supporting documentation, APA’s, among others.

COMPULSORY TAXPAYERS;
OBLIGED TO PRESENT THE ANNUAL INFORMATIVE SWORN STATEMENT:
(Article 3º of the Superintendence Resolution Nº 175/SUNAT)
The taxpayers who, according to the law, have the condition of domiciled in the country, will have to present an annual informative sworn statement when during the taxable year the statement belongs to:
. Perform transactions whose amount of operations is higher than two hundred thousand and 00/100 NUEVOS SOLES (S/ 200,000.00) and/or
. Transfer goods to their connected parties and/or from, to or through countries or territories of low or non-imposition, whose market value is lower than their computed cost. The transactions that will be the object of the statement the paragraph above refers to, will be the ones comprised in the amount of operations.
OBLIGED TO PRESENT THE ANNUAL INFORMATIVE SWORN STATEMENT
(Article 4º of the Superintendence Resolution Nº 175/SUNAT)
The taxpayers who, according to the law, have the condition of domiciled in the country, will have to have a technical study of transfer prices when during the taxable year: – The accrued income is higher than six million and 00/100 NUEVOS SOLES (S/ 6’000,000.00) and the amount of operations is higher than one million and 00/100 NUEVOS SOLES (s/ 1’000,000.00) and/or . – Transfer goods to their connected parties and/or from, to or through countries or territories of low or non-imposition, whose market value is lower than their computed cost. On 30 and 31 December 2016, it was published the Legislative Decree Nº 1312 that modifies the Article 32 – A of the Income Tax Law, the one which demands the presentation of the following information:

– A Local Report since 2017. It has been modified the part g) of the article 32 – A forcing the taxpayers subject to the application scope of this article, whose accrued income during the taxable year, is higher than two thousand, three hundred (2,300) Tax Imposing Units UIT (WITH A VALUE OF S/ 4,050 IN 2017), to present the Informative Sworn Statement Local Report, the one which will have to include the transactions that generate taxable income and/or costs or deductible expenses for tax determination.

– A Master Report since 2016 The taxpayers who take part of a group and get accrued income higher than 20,000 UIT, will be obliged to present the Informative Sworn Statement Master Report. This statement will have to include the organizational structure, the business or businesses description and the Transfer Price Policies in matters of intangibles and the group financing and their fiscal position among others.
Its presentation is annual and it will be enforceable by law in 2018. The minimal information that the Master Report will have to contain, will be pointed out by Regulations afterwards. It has been established a penalty for not presenting this statement of 0.6% of the taxpayer’s net income, with the limits of neither less than 10% of the UIT nor higher than 25 UIT.
. Country to Country Report since 2018
At the same time, the taxpayers who take part of a multinational group will have to present the Informative Sworn Statement Country to Country Report. This statement will have to include information related to the global distribution of income, paid taxes and business activities of each of the entities belonging to the multinational group that develop its activity in a determined country or territory.
Its presentation is annual and it will be enforceable by law in 2018. The minimal information that it will have to contain will be pointed out by the Regulations afterwards. It has been established a penalty for not presenting this statement of 0.6% of the taxpayer’s net income, with the limits of neither less than 10% of the UIT nor higher than 25 UIT

Date of presentation:
It has been established that the deadline for the declaration of Transfer Prices is together with the due date of the taxes for the month of May, that means, June every year.
Infractions and Penalties:
If the sworn statement is not presented on time, but it is offset (presenting it) before any request from Sunat, the fine of 0, 6% of the net income is reduced at 100%. At the same time, not presenting the Technical Study of Transfer Prices when requested by Sunat, will give as a result, the payment of a fine of 0,6% of the net income, the one which will be reduced up 80% if the taxpayer offsets it within the period given by Sunat and pays the fine with the generated interests.



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