Background and Legal Considerations
The SUNAT (Superintendencia Nacional de Aduanas y de Administración Tributaria – National Superintendence of Customs and Tax Administration) has issued Superintendence Resolution No. 000123-2024/SUNAT, dated June 13, 2024, to amend Annex III of Resolution No. 014-2018/SUNAT.
This modification focuses on filing the technical support when employing a method other than the Comparable Uncontrolled Price in export and import transactions of goods specified in Annex No. 2 of the Income Tax Law Regulations.
Technical Support Requirements
The technical support must reasonably support the need to employ an alternative method, demonstrating how the Uncontrolled Comparable Price method does not adequately reflect the economic and financial reality of the transaction. This analysis must be quantitative and performed for each transaction or group of transactions, detailing the corresponding communications and adequately documenting each process.
Implementation and Validity
The resolution also establishes that this amendment will become effective the day after its publication. In addition, it is not necessary to pre-publish this resolution since only the Informative Affidavit Local Report is adapted to implement the conditions established in the Income Tax Law Regulations.
Taxpayers’ Obligations
Taxpayers must keep the documentation supporting the technical support and file it to SUNAT when required. It includes valuation analyses, appraisals, and other documents supporting the economic, financial, and technical reasons justifying the implementation of a method other than the Comparable Uncontrolled Price.
Source: This article is based on Superintendence Resolution No. 000123-2024/SUNAT, published in the Official Gazette El Peruano on June 14, 2024.
