PERU Law and Practice Contributed by: Tania Quispe, Raquel Cabrera, Ramzi Benzaquen and Jadhira Unda, +Value
16.2 Use of “Secret Comparables” Peruvian transfer pricing rules does not provide spe - cific regulation on the use of “secret comparables”. However, it is important to highlight that subsection h) of Article 32-A of the ITL indicates that for the interpretation of transfer pricing rules, the OECD are applicable. These Guidelines do not advocate the use of such information for transfer pricing comparability purposes (“secret comparables”), unless the required information can be disclosed to taxpayers within the confines of national confidentiality laws.
• to transactions carried out from, to or through non- co-operative countries or territories or those with low or no taxation; or • to transactions conducted with entities whose income, earnings or profits arising from such trans - actions are subject to a preferential tax regime. For the purposes of applying these rules, Annex 1 of the ITLR establishes a list of countries or territories deemed as non-co-operative or with low or no taxa - tion. 16. Transparency and Confidentiality 16.1 Publication of Information on APAs or Transfer Pricing Audit Outcomes The information that is published pertains to that con - tained in the resolutions issued by the Tax Court when resolving a dispute arising from audits conducted by SUNAT on taxpayers. These resolutions include the background, the subject matter of the dispute, and the position established by the Tax Court.
199 CHAMBERS.COM
Powered by FlippingBook