PERU Law and Practice Contributed by: Tania Quispe, Martín Ramos, Raquel Cabrera and Ramzi Benzaquen, +Value
16.2 Use of “Secret Comparables” Peruvian transfer pricing rules does not provide specific regulation on the use of “secret compa- rables” . 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 con - fines of national confidentiality laws.
• to transactions conducted with entities whose income, earnings or profits arising from such transactions 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 taxation. 16. Transparency and Confidentiality 16.1 Publication of Information on APAs or Transfer Pricing Audit Outcomes The information that is published pertains to that contained 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.
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