Filing Date
Taxpayers with related-party transactions exceeding $15 million should file within two months after the annual income tax return, in compliance with the term established by the SRI (Servicio de Rentas Internas – Internal Revenue Service) according to their ninth RUC (Registro Único de Contribuyentes – Single Taxpayers Registry/TIN: Taxpayers Identification Number) digit.
Likewise, those not exceeding the established amount should have an available Report after the transaction is performed, thus obtaining the information to file the Information Transfer Pricing Statement.
Obligated Parties to File the Transfer Pricing Documentation
According to Article 84 of the RLRTI (Reglamento para la Aplicación de Ley de Régimen Tributario Interno – Regulation for the Application of the Internal Tax Regime Law) and second Article of the Resolution NAC-DGERCGC15-00000455, published on May 2015, taxpayers with related-party transactions exceeding the thresholds established therein must file the Annex of Related-Party Transactions, as well as if applicable the Transfer Pricing Report.
Documentation to Be Filed
- Information Statement (Transfer Pricing Study)
- Supporting Documentation
When Must the Transfer Pricing Documentation Be Filed?
According to RLRTI, income tax taxpayers with related-party transactions in an accumulated amount exceeding $3,000,000. The Filing of the Annex of the Related-Party Transactions and the Comprehensive Transfer Pricing Report must be until June of every year, according to the ninth RUC digit.
Content of the Annex of the Related-Party Transactions
The regulation states that the technical file of this Annex should contain information regarding the taxpayer identification, related parties (local and foreign), and the explanation of the transactions performed with these parties.
This Annex may be filed and sent through the SRI website by the DIMM System within two months after filing the annual income tax return. The specific deadline will depend on the ninth RUC digit of the taxpayer.
Source: Gobierno de Ecuador
