Bilateral APAs are those in which the taxpayers of two countries concur with their respective tax administrations or multilateral when more than two tax administrations are involved.
In Peru, the National Superintendent of SUNAT may also enter into the advance pricing agreements referred to in the preceding paragraph with other competent authorities (CA) of countries with which the Republic of Peru has entered into an international treaty to avoid double taxation (DTA) within the framework of the Mutual Agreement Procedure (MAP) provided for in such treaties.
When the bilateral or multilateral APAs are entered into, it may be agreed that they have effects on transactions of taxable years prior to those covered by them (rollback), provided that it is verified that the relevant facts and circumstances of such years are the same as in the years covered by the APA; and the action of SUNAT to determine the income tax liability by application of the transfer pricing rules with respect to such transactions is not prescribed.
It should be clarified that the provisions of the preceding paragraph are not applicable when a determination decision has been notified regarding the determination of the value of such transactions as a result of the application of the transfer pricing standards.
Legal basis: Subparagraph f) of Article 32-A of the Income Tax Law, as amended by Legislative Decree No. 1662, in effect as of January 1, 2025.