1. Deadline for filing the Documentation
Taxpayers must submit the transfer pricing statement by the ninth month from the closing date of the corresponding fiscal year, according to the last digit of the RUT number.
Likewise, the taxpayers and the responsible parties will annually report the supporting transfer pricing documentation, with a maximum period of 8 (eight) months from the closing date of the economic fiscal year under analysis.
2. Who must draft a Transfer Pricing Study?
- Those taxpayers carrying out transactions with related entities incorporated, domiciled, settled, residing abroad, and those included in Article 3, Title 4, the Consolidated Text 1996.
- Those who obtain income for personal services beyond the relationship of dependence, reached by the Income Tax on from Economic Activities, carrying out transactions with related parties.
- Likewise, those who carry out transactions with incorporated, domiciled, settled, resident, or located entities in countries with low or null taxation; or benefit from a special regime of low or null taxation, including customs exclaves located in the national territory.
3. What documents must be filed?
- Information Statement (Transfer Pricing Study)
- Master File
- Country-by-Country Report (CbC)
- Supporting Documentation
4. How to file the Information Statement?
Those taxpayers obliged to file the Information Transfer Pricing Statement will be the same taxpayers who must file the supporting documentation annually. Said statement must detail and quantify the operations included in the current Transfer Pricing regime, with the following content structure:
- Form 3001 prepared in Sigma.
- The file in PDF format containing the transfer pricing study.
- Copy of the financial statements of the corresponding fiscal year, when they were not obliged to file them by other provisions.
- Printing of the summary (both in a single A4 size sheet), signing and attaching the professional stamps in the recipient’s way; and in magnetic media (Diskette, Pendrive, or CD).
5. Starting Date for the Drafting of the Transfer Pricing Documentation
The documentation should be prepared as soon as any of the obligation reasons are incurred:
- To be included in the Large Taxpayers Division.
- To carry out transactions included in the present regime for an amount exceeding UI 50,000,000.
- Have been notified by the DGI (Dirección General Impositiva – Directorate General of Taxes).
Source: Dirección General Impositiva (DGI)
