30 DecemberBlog English

Country by Country Information Affidavit

Now in October the date for the presentation of the Country by Country Report will expire in Peru. With respect to the upcoming expirations related to the transfer pricing regime, according to Legislative Decree No. 1312 and Superintendence Resolution No. 163-2018/SUNAT, taxpayers who are part of a multinational group whose income earned from the group in the taxable year prior to that to which the return corresponds, according to the consolidated financial statements of the parent company of the multinational group, is greater than or equal to S/. 2,700 million, must file the informative affidavit Country by Country Report in the following scenarios:

• The parent company of the multinational group is domiciled in the country.
• The parent company of the multinational group is not domiciled in the country, but the following conditions are met:
  • A member of the multinational group domiciled in the country would have been designated by the group as the representative parent.
  • The parent company of the multinational group is not obliged to submit the affidavit for Country-by-Country Reporting in its jurisdiction.
  • The country where the parent company of the multinational group is located has an international treaty or decision of the Commission of the Andean Community with Peru, but does not have an agreement for the exchange of information for the Country-by-country Report.
  • The country where the parent company of the multinational group is located has the conditions indicated in the previous point, but there is a systematic failure to comply with them.
  • It is important to mention that the taxpayer with the obligation to file the Country by Country Report must communicate its designation to SUNAT until the last working day of the month prior to the one in which the return is to be filed. Otherwise, all taxpayers that are members of the multinational group and domiciled in the country will be deemed obliged to file the return.

Peru has signed agreements for the exchange of information for the Country by Country Report with the following jurisdictions:

Jurisdiction	Jurisdiction	Jurisdiction	Jurisdiction	Jurisdiction	Jurisdiction
Germany	Colombia	Gibraltar	Italy	Mexico	Russia
Andorra	Korea	Crecia	Japan	Norway	San Marino
Saudi Arabia	Croatia	Guernsey	Jersey New	Zealand	Seychelles
Argentina	Cyprus	Netherlands	Latvia	Pakistan	Singapore
Australia	Denmark	Hong Kong, China	Liechtenstein	Panama	South Africa
Austria	Spain	Iceland	Lithuania	Poland	Sweden
Belgium	Slovenia	India	Luxembourg	Portugal	Switzerland
Brazil	Estonia	Indonesia	Malaysia	United Kingdom	Uruguay
Canada	Finland	Ireland	Malta	Czech Republic
Chile	France	Isle of Man	Mauritius	Slovak Republic

In accordance with Annexes III and IV of Superintendent’s Resolution No. 163-2018/SUNAT, the Country by Country Report must contain information on the group’s member entities, distribution of the group’s income, commercial activities of the group in each jurisdiction, among other related aspects.

The sworn informative statement Country by Country Report, corresponding to fiscal year 2019, must be submitted through Virtual Form No. 3562, according to the schedule of due dates approved for the declaration and payment of monthly settlement taxes corresponding to the September tax period.

The Country by Country Reporting Schedule:

TAXPAYERS
Last digit of the RUC	Expiration Date
0	October 15, 2020
1	October 1 16, 2020
1 – 3	October 19, 2020
4 – 5	October 20, 2020
6 – 7	October 21, 2020
8 – 9	October 22, 2020
Good taxpayers	October 23, 2020

Failure to submit the informative affidavit Country by Country Report, according to the Tax Code, implies a fine of 0.6% of the taxpayer’s net income, with a minimum of 10% of an UIT and a maximum amount of 25 UIT.