Peru transfer pricing legislation | KPMG | BE

Peru: Transfer pricing legislation reflects OECD recommendations

Transfer pricing rules in Peru

Legislative Decree N° 1312 (published 31 December 2016) introduces changes to the Peruvian transfer pricing rules and reflects the intention of Peru to implement the recommendations from Actions 10 and 13 of the OECD’s base erosion and profit shifting (BEPS) project.

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Documentation, reporting

There are new rules for transfer pricing information returns, pursuant to BEPS Action 13. Specifically, there are the following three transfer pricing reporting requirements:

  • Local file—Applicable to taxpayers with annual revenue greater than approximately U.S. $2.3 million. The first year to be reported under this new rule relates to FY 2016, so that the report is due in 2017. Exact deadlines are pending, having yet to be defined. 
  • Master file—Applicable to taxpayers that belong to an economic group with annual revenue greater than approximately U.S. $20 million. The reporting requirement is first due in 2018. Exact deadlines are pending, having yet to be defined. 
  • Country-by-country (CbC) reporting—Applicable to taxpayers that belong to a multinational group. The CbC report is first due in 2018. Exact deadlines are pending, having yet to be defined.

Intragroup services

With the new measures, it is now necessary for taxpayers to comply with a benefit test and to provide specific information as set forth in the new law before a taxpayer / company can deduct intragroup service charges for tax purposes. The arm´s length value of intragroup services must be determined based on a cost plus mark-up basis. In the case of “low value” added services, the mark-up cannot exceed 5%. 

Commodity exports and imports

Commodity exports and imports transactions with related parties or with entities located in “tax haven” jurisdictions must be priced, for tax purposes, based on the international quote of the commodity as of the shipment date (exports) or the landing date (imports).

 

For more information, contact a tax professional with KPMG’s Global Transfer Pricing Services group in Peru:

Juan Carlos Vidal | +51 (1) 611 3000 | jcvidal@kpmg.com

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