The filing Transfer Pricing deadline will depend on the fiscal year-end of each taxpayer. Thus, those whose fiscal year ends on December 31 will file it from January 1 to April 30 of the following year.
Transfer Pricing Declarations Filing
The filing Transfer Pricing deadline will depend on the fiscal year-end of each taxpayer. Thus, those whose fiscal year ends on December 31 will file it from January 1 to April 30 of the following year. Additionally, taxpayers with special fiscal periods must file no later than three months following the end of the fiscal period.
EntityEntity Obligated to File the Transfer Pricing Study
- Medium and large taxpayers exceeding $250,000 in intercompany transactions during the fiscal year.
- Natural or legal persons who perform related party transactions under special regimes with tax benefits.
- Natural or legal persons who perform related party transactions in tax havens.
- Natural or legal small taxpayers performing related party transactions within the same fiscal period in a cumulative amount determined by the Tax Administration. (Only those small taxpayers exceeding one million USD in intercompany transactions during the fiscal year will report).
Filed Documentation
- Informative Statement
- Supporting Documentation
Transfer Pricing Study Preparation
There is no filing date for the Transfer Pricing Study documentation. Conversely, taxpayers must have the documentation supporting the analysis of related party transactions before a possible requirement from the Tax Administration.
Failure to File Documentation
- Depending on the infraction, any of the following causes may be incurred:
- Failing to provide information or documentation or providing them with false, incomplete, or inaccurate data will be equivalent to a fine of $10,000 payable in its equivalent in Lempiras.
- Declaring a taxable base in any fiscal year lower than the amount corresponding to free market transactions will be sanctioned with a fine of 15% calculated on the amount of the adjustment made by the Tax Authority. If the infraction reports false data, the sanction will be a fine of 30% of the amount of the adjustment determined by the Tax Authority or $20,000 payable in its equivalent in Lempiras.
- Any other non-compliance with the provisions of the Transfer Pricing Regulation Law will be sanctioned with a fine of $5,000 payable in its equivalent in Lempiras.
Source: TPC Group 08/09/21
