Publications

Publications of TP Consulting.

1. LEGAL BASIS:

1.1. Resolution of Superintendence N ° 054-2019 / SUNAT, published in the Official Gazette El Peruano on March 14, 2019, which aims to give the extension in certain cases for the presentation of the Country by Country Report (Virtual Form No. 3562) .

1.2. Subparagraph b of Article 116 of the Regulation of Income Tax approved by Supreme Decree No. 179-2004-EF and its amendments.

2. ANALYSIS:

2.1. Among the new obligations referred to the issue of transfer prices, is the one referred to submit the informative affidavit Country Report by Country, the same that has been regulated in line with the international standard proposed by the Organization for Cooperation and Development Economic (OECD) in Action 13 of the Action Plan against the erosion of the tax base and the transfer of benefits (BEPS), the purpose of which is to obtain consolidated tax information, related to the global distribution of income, taxes paid and business activities of each of the entities belonging to a multinational group.

2.2. Among the objectives of Action 13 BEPS is to ensure that the parent of a multinational group can present the Country by Country Report to the tax authority of its jurisdiction for purposes of its exchange with the tax authorities of other jurisdictions where the group has member entities and with which there is an international agreement that allows the automatic exchange of information, as well as an agreement between competent authorities for the exchange of said reports.

2.3 By Resolution of the Superintendence, the Tax Administration indicated that to date several instruments have been subscribed for the automatic exchange of the Country by Country Reports; however, Peru can not access this information, due to the fact that it does not have the OECD's evaluation of the confidentiality and tax information security standard.

2.4 In this sense, as long as the approval result of the aforementioned evaluation is not available, the Tax Administration considered it advisable to extend the deadline for submitting the informative affidavit Country Report by Country for the years 2017 and 2018. In turn The Tax Administration must inform taxpayers, if they are included in Section b of Article 116 of the Regulations of the Income Tax Law, for which they would be obliged to present the Informative Affidavit Report Country by Country.

3.5 Resolution of Superintendence N ° 054-2019 / SUNAT, indicates in article 1 that the extension in certain cases of the deadlines for the presentation of the informative affidavit Country Report by Country corresponding to the fiscal years 2017 and 2018, would be given until the last business day of the month following that in which SUNAT publishes on its website that Peru has approved the evaluation of the confidentiality and information security standard required by the Organization for Economic Cooperation and Development (OECD) for the automatic exchange of information.

Upcoming events