Transfer pricing Peru: Audits are becoming increasingly intensive and technology driven
The Peruvian tax authority SUNAT is conducting increasingly intensive and technology-driven audits of transfer pricing. It is focusing more on the quality of supporting documents, the economic consistency of internal company policies, and the traceability of each individual transaction. Ecovis experts explain this development, which is also evidenced by rulings of the Tribunal Fiscal (tax court).
From a regulatory standpoint, Peru’s transfer pricing framework has evolved beyond a mere formal application of the arm’s length principle. Taxpayers are required to comply with detailed reporting obligations, including the local file, master file, and country-by-country report, where applicable. These reports are submitted through specific electronic forms (forms 3560 and 3561), reinforcing transparency and enabling SUNAT to perform more sophisticated cross-checks.
Additionally, SUNAT has broadened its access to transactional data. For instance, specific reporting obligations for exports and imports of certain goods (as defined in regulatory annexes) provide the administration with further tools to identify inconsistencies between declared transfer pricing policies and actual business operations.
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Increased focus on intra-group services
One of the most scrutinised areas in recent audits is intra-group services. Following the incorporation of specific provisions into the income tax law, taxpayers must comply with the benefit test as a condition for deductibility. SUNAT has emphasised that a service is considered to provide benefit only if it generates economic or commercial value for the recipient. Furthermore, for low value-adding services, the applicable markup cannot exceed 5% of the cost base.
In practice, this means that taxpayers must go beyond contractual documentation and demonstrate:
- The actual rendering of the service
- The necessity of the service
- The economic benefit obtained
- The basis for cost allocation and markup determination
Tax court criteria: Substance over form
Recent case law from the Tribunal Fiscal confirms that audits are increasingly evidence-driven.
In a 2025 decision (RTF No. 02374-4-2025), the court upheld SUNAT’s adjustment where the taxpayer failed to provide sufficient documentation to support:
- The cost structure of the service provider
- The allocation criteria applied
- The profit margin charged between related parties
This decision reinforces a key practical takeaway: formal documentation alone is not enough. Taxpayers must be able to reconstruct and justify how intercompany prices were determined and demonstrate that independent parties would have agreed to similar conditions.
We help you ensure that your pricing complies with the arm’s length principle. Simply having a transfer pricing study is no longer sufficient for an audit.
Octavio Salazar Mesias, Partner, Corporate Tax Lawyer, ECOVIS Peru, Lima, Peru
Clarifications and technical developments
SUNAT has also issued technical guidance that refines the scope of transfer pricing rules. Notably, it has clarified that the benefit test does not apply to certain transactions such as:
- Leasing of movable and immovable assets
- Trademark licensing agreements
However, these transactions remain subject to general transfer pricing rules, including arm’s length valuation and proper comparability analysis.
In addition, SUNAT has reiterated that:
- The tested party in a transfer pricing analysis may be a non-resident entity, provided it is the most appropriate choice
- Taxpayers must apply the most appropriate method, especially for services that do not qualify as low value-adding
These positions confirm that SUNAT is prepared to challenge not only the results but also the methodological approach adopted by taxpayers.
A more analytical and data-driven audit environment
SUNAT is increasingly capable of cross-referencing information from multiple sources, identifying inconsistencies, and targeting high-risk taxpayers with greater precision.
Transfer pricing should no longer be treated as a compliance exercise performed once a year. Instead, it must be approached as an ongoing risk management function, integrated with the group’s operational and financial reality.
Key considerations for taxpayers
n this context, companies engaged in related-party transactions should reassess their transfer pricing framework, focusing on:
- Alignment between transfer pricing policies and actual business operations
- Consistency across local file, master file, financial statements, and contracts
- Robust documentation supporting the benefit test for intra-group services
- Defensible allocation keys and benchmarking analyses
- Evaluation of preventive mechanisms such as advance pricing agreements (APAs), which may provide certainty in an increasingly complex audit environment
In Peru, transfer pricing has evolved into a critical tax risk area. The combined approach of SUNAT and the tax court shows a clear expectation: intercompany transactions must not only be documented, but also economically justified and fully substantiated.
