In June 2018, the Superintendency Resolution No. 163-2018 / SUNAT was published in the Official Gazette “El Peruano”, by which the rules for the presentation of two new Informative Sworn Declarations were regulated: Master Report and Country Report by Country. Both declarations aimed at the head offices and members of the economic groups domiciled in Peru.
Through the resolution, it was defined that a taxpayer is obliged to present the Master Report as long as he meets three conditions simultaneously during the evaluated year:
In addition, it must be clarified that the transfer pricing rules apply to transactions carried out by taxpayers with:
Regarding the content of the Master Report, it was specified that it must contain a description of the organizational structure of the group and the legal owners of the capital of each member; the functions performed by each member and their businesses; description of the supply chain and value of the main products or services in terms of the income they generate; description of the group’s policy on intangibles; financial activities of the group, including a description of the means in which the group obtains financing and financing between related parties; consolidated financial statements and description of the group’s advance pricing agreements (APAs). All this information should be included regardless of whether the taxpayer required to file the return is the parent company or a member of the group; furthermore, the group can be national or international.
It should be noted that, if the same economic group has two or more members who meet the requirements to be obliged to submit the aforementioned report, all those members must submit the statement individually.
The submission deadline is in accordance with the expiration schedule approved for the declaration and payment of monthly settlement taxes corresponding to the September tax period of the taxable year following the one corresponding to the declaration. In this way, taxpayers obligated for fiscal year 2018 are subject to the following maturity schedule:
Finally, as stipulated in the Tax Code, not displaying or not presenting the documentation and information that supports the informative affidavit Master Report implies a fine of 0.6% of the taxpayer’s net income, not less than 10% of the UIT nor greater than 25 UIT.
Superintendency Resolution N ° 163-2018 / SUNAT.
Legislative Decree N ° 1372 (published on 08/02/2018 and in force since 08/03/2018).
Tax Code Art 177 Numeral 27.
Income Tax Law Art. 32-A
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