On October 14, 2026, the National Superintendency of Customs and Tax Administration (SUNAT) published Superintendency Resolution No. 000199-2026/SUNAT, which orders the publication of a draft regulation proposing amendments to Annexes II, III, and IV of Superintendency Resolution No. 014-2018/SUNAT, which regulates the filing of the Local File Informative Tax Return (Declaración Jurada Informativa Reporte Local).
The purpose of the proposal is to align the information taxpayers must declare through Virtual Form No. 3560 in order to accommodate the application of other Transfer Pricing valuation methods distinct from those established under the Income Tax Law. In that regard, the draft regulation seeks to update the information requirements associated with these methods, without implying, for the time being, the entry into force of the proposed amendments.
What does Superintendency Resolution No. 000199-2026/SUNAT provide for?
The resolution, issued on October 12, 2026, establishes the publication of a draft regulation, accompanied by its respective explanatory memorandum, on the SUNAT website (www.sunat.gob.pe), for the purpose of receiving comments and input from interested parties prior to its eventual approval.
Specifically, the draft proposes amending Annexes II, III, and IV of Superintendency Resolution No. 014-2018/SUNAT, which approved Virtual Form No. 3560 and the provisions for filing the Local File Informative Tax Return. The stated objective is to incorporate into the form information related to the application of other transfer pricing valuation methods.
The Local File is mandatory for taxpayers subject to Transfer Pricing regulations whose income earned during the fiscal year exceeds 2,300 Tax Units (UIT), as long as they meet the other requirements and conditions established by applicable regulations, including those related to the amount and type of transactions.
Why is there a proposal to amend the annexes to Virtual Form No. 3560?
The proposed regulation responds to recent changes in Peruvian Transfer Pricing legislation. Specifically, Legislative Decree No. 1663 amended paragraph 7) of subsection e) of Article 32-A of the Income Tax Law, which refers to the application of other valuation methods.
These methods may be used when, due to the nature and circumstances of the activities or transactions, or due to the lack of reliable comparable arm’s-length transactions, the methods provided for in the aforementioned subsection are not applicable, provided that the conditions established in the regulations are met.
Subsequently, Supreme Decree No. 302-2025-EF incorporated Article 113-B into the Income Tax Law Regulations. This article establishes that the application of other valuation methods must consider internationally accepted best practices effective as of January 1, 2025. These include the International Valuation Standards issued by the International Valuation Standards Council, provided they do not conflict with the provisions of the Act.
What changes are proposed to the Virtual Local File Form?
The draft amends Annexes II, III, and IV of Superintendency Resolution No. 014-2018/SUNAT. As stated in the resolution, these annexes detail the information to be reported in the Local File, considering the transfer pricing method used.
The amendment aims to ensure that this information also accounts for the application of other valuation methods. This is linked to subsection (a) of Article 117 of the Regulations of the Income Tax Law, which requires identifying the most appropriate method for each transaction, explaining the reasons for its selection and why it reflects the economic reality of the transaction, and including the calculations and data derived from its application.
How can comments be submitted on the draft regulation?
Superintendency Resolution No. 000199-2026/SUNAT provides for the publication of the draft regulation and its explanatory memorandum for a period of fifteen (15) calendar days, beginning on the day following its publication in the official gazette *El Peruano*.
Comments may be submitted through SUNAT’s Virtual Reception Desk. You can also submit them in person at any of SUNAT’s Taxpayer Service Centers nationwide or at its Reception Desk located at Avenida Garcilaso de la Vega N.° 1472, Cercado de Lima. Additionally, comments may be sent via email to [email protected].
For taxpayers who apply or are considering the use of other valuation methods, this public consultation represents an opportunity to review the proposed information requirements and provide feedback regarding their practical application.
At TPC Group, we provide specialized transfer pricing advisory services, including the evaluation of the most appropriate valuation methodology based on the nature and circumstances of each transaction. We also assist our clients in preparing the technical supporting documentation and complying with the corresponding reporting obligations, in accordance with the requirements established by Peruvian regulations.