Informative Affidavit of Country-by-Country Report

The Country-by-Country Report filing in Peru will expire in October. Regarding the upcoming expirations related to the Transfer Pricing regime, taxpayers forming part of a multinational group whose accrued income of the group in the taxable year prior to the one the return corresponds, according to the consolidated financial statements of the parent company of the multinational group that are greater than or equal to S/ 2,700 million, must file the Informative Affidavit of the Country by Country Report, according to Legislative Decree No. 1312 and Superintendence Resolution No. 163-2018/SUNAT.

The filing of such document shall consist of the following cases:

• The parent company of the multinational group is domiciled in the country.
• The parent company of the multinational group is not domiciled in the country, but the following conditions are met:
  • A member of the multinational group domiciled in the country would have been designated by the group as the representative parent.
  • The parent company of the multinational group is not required to file the Informative Affidavit of the Country-by-Country Report in its jurisdiction.
  • The country where the parent company of the multinational group is located has an international treaty or decision of the Commission of the Andean Community with Peru but does not have an agreement for the exchange of information for the Country-by-country Report.
  • The country where the parent company of the multinational group is located has the conditions indicated in the previous point, but there is a systematic failure to comply with them.
  • It is important to mention the taxpayer with the obligation to file the Country-by-Country Report must communicate its designation to SUNAT (Superintendencia Nacional de Aduanas y de Administración Tributaria or National Superintendency of Customs and Tax Administration) until the last working day of the month prior to the one the return filing corresponds. Otherwise, all member taxpayers of the multinational group and domiciled in the country will be deemed required to file the return.

Peru has signed agreements for the exchange of information for the Country-by-Country Report with the following jurisdictions:

In accordance with Annexes III and IV of Superintendence Resolution No. 163-2018/SUNAT, the Country-by-Country Report must contain information on the group’s member entities, distribution of the group’s income, commercial activities of the group in each jurisdiction, among other related aspects.

The Informative Affidavit of the Country-by-Country Report, corresponding to fiscal year 2019, must be filed through Virtual Form No. 3562, according to the due dates schedule approved for the declaration and payment of monthly settlement taxes corresponding to the September tax period.

Affidavit of the Country-by-Country Report Schedule:

The non-compliance of filing the Informative Affidavit of the Country-by-Country Report implies a fine of 0.6% of the taxpayer’s net income, with a minimum of 10% of a Tax Unit and a maximum amount of 25 Tax Unit, according to the Tax Code.