2.1. LOCAL FILE

a) Taxpayers required to file the Local File 

Taxpayers subject to the scope of application of this article whose accrued income in the taxable year exceeds two thousand three hundred (2,300) Tax Units (UIT) must annually submit the Transfer Pricing Informative Declaration - Local File since year 2016, with respect to transactions that generate taxable income and/or costs or expenses deductible for the determination of the annual income tax.

The taxpayers who are subject to submit the tax return with the information detailed in Annex I of the Superintendence Resolution N° 014-2018/SUNAT, are those who in the taxable year to which such tax return corresponds:

Their accrued income has exceeded two thousand three hundred (2,300) Tax Units (UIT); and had carried out transactions within the scope of application of the transfer pricing rules, whose amount of operations is equal to or greater than one hundred (100) Tax Units (UIT) and less than four hundred (400) Tax Units (UIT).

The taxpayers who are subject to submit the tax return with the information, descriptive part and detail of application of the methods referred to in Annexes II, III and IV of the Superintendence Resolution N° 014-2018/SUNAT, are those who in the taxable year to which such tax return corresponds: Their accrued income has exceeded two thousand three hundred (2,300) Tax Units (UIT) and had carried out transactions within the scope of application of the transfer pricing rules, whose amount of operations is equal to or greater than four hundred (400) Tax Units (UIT).

However, regardless of the amount of operations corresponding to transactions within the scope of transfer pricing, and even if this is less than one hundred (100) Tax Units (UIT), taxpayers whose income accrued in the taxable year to which such tax return corresponds exceeds two thousand three hundred (2,300) Tax Units (UIT), when their transactions consist of the disposal of goods whose market value is lower than the computable cost, are required to submit the tax return as provided in item 2, when their transactions consist of the disposal of goods whose market value is lower than the computable cost.

The Informative Declarations of Transfer Pricing - Local File is submitted through the Online Form 3560 (In SUNAT Virtual).

Legal basis: Superintendence Resolution N° 014-2018/SUNAT http://www.sunat.gob.pe/legislacion/superin/2018/014-2018.pdf

Annexes: http://www.sunat.gob.pe/legislacion/superin/2018/anexo-014-2018.pdf

For Transfer Pricing Information Statements prior to Taxable Year 2016, use the previous version of Form 3560 by clicking here.

b) Taxpayers exempt from filing the Local File. 

The obligation to submit a tax return is exempted: 

1. Individuals, undivided estates or marital partnerships that opted to be taxed as such for Income Tax purposes that do not generate third category income. 

2. To the companies that, according to Legislative Decree No. 1031 that promotes the efficiency of the State’s business activity, comprise the State’s business activity, as well as to the State companies belonging to the regional and local government level to which the first transitory and amending complementary provision of the mentioned legislative decree applies. 

    Legal basis: Article 3 of Superintendence Resolution No. 14- 2018/SUNAT

c) Content of the Local File

The Local File must include the following minimum information: 

1. With respect to the taxpayer: i. Description of their organizational structure, ii. A graph of the organization; iii. Identification of the persons to whom the management and administration of the taxpayer is hierarchically dependent on and identification of the countries in which such persons have their main headquarters; iv. Detailed description of the taxpayer’s business lines, activities and strategies, indicating whether the taxpayer has been part or has been affected by reorganization processes or by transfer of intangible assets in the year and/or in the previous year, as well as an explanation of how the taxpayer was affected by the reorganization and/or transfer have affected.

2. With respect to the transactions of the taxpayer with related parties carried out in the year on which the Local File is being filed: i. Description of the transactions made, such as the acquisition of services, loans, guarantees and licenses of intangible assets; ii. Information related to the Benefit Test and the consideration amount and, if applicable, the reasons for which services may not be considered as low value-added services; iii. Amount of transactions made in their origin currency and record currency, as well as the paid and collected amounts; iv. Identification of the counterparties to the transactions and, if applicable, the third parties involved in the transactions; v. Detailed functional analysis, i.e., the functions performed, the substantial risks assumed and the significant assets used; and comparability analysis, for each of the transactions carried out; vi. Identification of the most appropriate transfer pricing method applied for the analysis of each transaction and the reasons for the selection of such method, as well as information on the calculations and data derived from the application of the method applied; vii. Identification of the related party selected as analyzed and the explanation of the reasons of their election; vii. Summary of the adopted substantial hypothesis for the application of the transfer pricing methodology; ix. Supporting documents to complete a long-term analysis, if applicable; x. List and description of the comparable (internal and external) transactions, if any, information of the financial indicators for independent companies that have served as the basis for the transfer pricing analysis, as well as a description of the methodology for the search for comparables and the sources from which the information was derived; xi. Description of the comparability adjustments made, indicating if such adjustments were applied on comparable transactions, on characteristics of the parties that have made the transactions and/or on the roles that these execute; xii. Explanation of the reasons for concluding that the amount of transactions is the amount that would have been used by independent parties on equal or similar conditions, in accordance with the transfer pricing method selected; xiii. Summary of the financial information used in the application of the methodology of transfer pricing; xiv. Copy of the advance pricing agreements related to the transactions under analysis. 

3. With respect to the financial information of the taxpayer: i. Taxpayer’s financial state ments of the corresponding to the year for which the Local File Informative Declaration is being filed; ii. Working papers supporting the way in which the financial data used to apply the transfer pricing method is related to the annual financial statements; iii. Summarized exhibits of the financial information of the comparables used in the analysis and the source from which these derive.

The Local File filed by the taxpayers that have not made transactions from, to or through    countries or non-cooperative jurisdictions or with low or zero taxation or the transactions made  with persons whose income or earnings from such transactions are subject to a preferential  tax regime, shall include at least the aforementioned information.

Legal basis: Subsection a) article 117° of the LIR Regulations.

https://www.sunat.gob.pe/legislacion/superin/2018/014-2018.pdf 

d) Means for submitting the tax return

For the submission of the Annual Transfer Pricing Informative Declaration - Local File, the Online Form No. 3560 will be used exclusively through SUNAT Virtual, which is available at http://www.sunat.gob.pe.

For this purpose, taxpayers must:

 a. Enter to SUNAT Online Operations with your user code and password SOL.

 b. Enter the option: Submit my informative tax returns / Informative / Presentation of informative tax returns.

 c. Select Online Form as the type of tax return and Form No. Transfer Pricing - Local File. 

 d. Enter the information detailed in Annexes I or II of the Superintendence Resolution, as applicable, and attach the files in PDF and Excel format in accordance with Annexes III and IV of the Superintendence Resolution, respectively, when applicable, following the indications established in said form. 

The information corresponding to Annexes III and IV must be prepared in the indicated format and imported into the aforementioned form. 

 In order to submit the tax return, the obligated taxpayers must follow the instructions of the system.

    Legal basis: Article 5° and 6° of Superintendence Resolution No. 14- 2018/SUNAT. 

e) Schedule of Deadlines 

The Local File must be filed in accordance with the schedule of deadlines approved for the filing and payment of monthly liquidation taxes corresponding to the May tax period of the taxable year following the one to which the filing corresponds.

Legal basis: Article 9° of the Superintendence Resolution N° 014- 2018/SUNAT.

Schedule of Deadlines – Local File – Year 2024

Schedule of Deadlines – Local File – Year 2023

Schedule of Deadlines – Local File – Year 2022

Schedule of Deadlines – Local File – Year 2021

Schedule of Deadlines – Local File – Year 2020

                                     Schedule of Deadlines – Local File – Year 2019

The tax return corresponding to the year 2019 should have been submitted in accordance with the following schedule: 

• Taxpayers with income > 5000 UIT in the year 2019, must declare according to the original due date of the tax obligations for the month of May 2020.

• Taxpayers designated as main taxpayers with income < = to 5000 UIT in the year 2019, the due date for submitting the referred tax return was postponed as follows:

• Other taxpayers with income < = to 5000 UIT in the year 2019, the due date for submitting the referred tax return was postponed as follows:

Legal Basis: Superintendence Resolution N° 075-2020/SUNAT amended by article 2 of the Superintendence Resolution N° 099-2020/SUNAT

      Schedule of Deadlines –Local File – Year 2018                                                         

     Schedule of Deadlines –Local File – Year 2017                                                         

    Schedule of Deadlines –Local File – Year 2016                                                           

f. Local File User Manual

• Receiver User Manual (Online Form)

• Utility User Manual (part1) (part2)

• Utility Local File year 2022

g. Related regulations 

Legislative Decree No. 1312; Subsection g) of article 32°-A of the LIR; Regulations of the LIR, articles 116 and 117; Supreme Decree No. 333-2017-EF; Superintendence Resolution N° 14-2018/SUNAT, Annexes I to IV.