Taxpayers required to file the Master File:
Those are the taxpayers who are part of a group are obligated to file the Master File when in the taxable year to which the filing corresponds, their accrued income has exceeded 20,000 UIT and had carried out transactions within the scope of application of the transfer pricing standards, whose amount of operations is equal to or greater than four hundred (400) UIT.
Content of the Master File:
The Master File must include the following minimum information:
1. Organizational structure: An organizational chart illustrating the legal organizational structure and capital ownership of the members of the group, as well as the geographic location and jurisdiction of domicile or residence of the members of the group and the name of the group.
2. Description of the business or businesses of the members of the group, indicating: i. Main drivers of business profits; ii. Description of the supply chain of the five (5) main products and/or services of the group in terms of revenues, as well as any other products or services that represent more than five percent (5%) of the consolidated revenues of the group; iii. List and brief description of significant arrangements for the provision of services between members of the group, other than research and development (R&D) services, including a description of the capabilities of the main centers providing significant services and the transfer pricing policies used to allocate costs of services and determine the prices to be paid for them; iv. Description of the principal geographic markets in which the group's products and/or services are marketed; v. Functional analysis setting out the main contributions to value creation by each of the group's members, i.e., the functions performed, the substantial risks assumed, and the significant assets used; vi. Description of the main business reorganization operations, acquisitions and capital removal that have occurred during the year to which the Master File informative declaration corresponds.
3. Description of the group's intangibles policy containing the following: i. General description of the group's overall strategy regarding the development, ownership and exploitation of intangibles, including the location of the main research and development (R&D) centers, such as R&D management and administration; ii. List of the intangibles or sets of intangibles of the group that are significant for transfer pricing purposes and of the persons, companies or entities that are their legal owners; iii. List of significant agreements on intangibles entered into between related persons, companies or entities, in particular cost sharing agreements, principal research services agreements and agreements on licenses for the use of intangibles; iv. General description of the group's policies on transfer pricing in relation to research and development (R&D) and intangibles; v. General description of the relevant transfers of rights over intangibles carried out between related persons, companies or entities during the fiscal year to which the Master File Informative Declaration corresponds, indicating the corresponding remunerations, the persons, companies or entities involved and their jurisdiction of domicile or residence.
4. Financial activities of the group: i. General description of how the group obtains financing; ii. Identification of group members with a centralized financing function; and iii. General description of the group's transfer pricing policies, as they relate to related party financing arrangements.
5. Financial and Tax Position of the members of the group: i. The annual consolidated financial statements of the group for the year in respect of which the Master File is filed, if they have been prepared for financial reporting, regulatory, internal management, tax or other purposes; ii. A list and description of the advance pricing arrangements of the group members.
Legal basis: Subsection b) of article 117° of the LIR regulations and article 2° of the Superintendence Resolution N° 163 -2018/SUNAT..
Means to submit the Statement:
The Master File Informative Declaration is submitted with Online Form No. 3561, exclusively through SUNAT Virtual.
This declaration must contain the information indicated in Annex I of R.S. 163-2018/SUNAT.
Schedule of Deadlines:
The Master File Informative Declaration is submitted in accordance with the due date schedule approved for the filing and payment of monthly liquidation taxes corresponding to the September tax period of the taxable year following the one to which the tax return corresponds.
The Schedule is detailed in the next point. (Schedule to file the Informative Declarations: Master File and Country-by-Country Report (CbC)).
Means and general conditions for submitting the Master File Informative Declaration:
The filing of the declaration is done exclusively through SUNAT Virtual, for which taxpayers must:
Enter SUNAT Online Operations.
Enter the option: Submit my informative declarations / Informative / Presentation of informative tax returns.
Select Online Form as type of tax return and N° as Transfer Pricing Form – Master File.
Attach the file in PDF format according to Annex I, following the indications established in such form.
The information corresponding to Annex I must be prepared in the indicated format and imported into the form.
Related standards:
Legislative Decree No. 1312; Subsection g) of Article 32°-A of the LIR; LIR Regulations, articles 116 and 117; Supreme Decree N.° 333-2017-EF; Superintendence Resolution N° 163-2018/SUNAT, Annex I.