• General Resolution No. 115/2022

On April 07, 2022, the Undersecretariat of State for Taxation ("SET") issued General Resolution No. 115/2022 (the "GR"), that regulated the content and obligation to submit the transfer pricing technical study ("TPTS") and additional reports. In addition, it clarified provisions contained in Law No. 6,380/2019 (the "Tax Law").

  • Obligated parties

The RG clarified that the parties required to file the TPTS are:

  1. The taxpayer of the Corporate Income Tax ("IRE") that carries out operations with related parties residing abroad, when the operation is exempt, or not taxed by the IRE for one of the parties. In addition, the IRE taxpayer under this assumption, must have income that surpasses G. 10,000,000,000 in the previous fiscal year; and,
  2. The IRE taxpayer who carries out operations with residents of countries or jurisdictions with no or low taxation ("BONT") or with users of free trade zones or maquiladora companies if the presumption of relatedness has not been rebutted.

It is important to note that IRE taxpayers that liquidate the tax under the Simple or Resimple IRE regime are not required to file the ETPT. Some specific transactions are also excluded for obliged taxpayers, such as: the sale of real estate assets or forestry activities, when the IRE taxpayer has opted to determine the tax using the presumptive taxable base, among other transactions.

  • Submission of TPTS

The TPTS must be submitted in portable document format -PDF-. The working papers that were used for the TPTS must be submitted in electronic spreadsheet format (with extension .xls, xlsx or .ods), with the applied formulas that allow the verification of the calculations.

In the context of the ETPT, the documents through which the transfer pricing analysts studied the comparable transactions and proceeded to their acceptance or rejection, comparable entities, financial information used, capital adjustment calculations, calculation of interquartile range, detail of transactions with related parties and all other tables and information that have been indicated in the ETPT are considered working papers.

In addition, through the Marangatu Tax Management System, the IRE taxpayer must submit a qualitative and quantitative summary of the related party transactions included in the TPTS.

  • Deadlines for filing the TPTS

Taxpayers must file the TPTS and the working papers that support it, through the Marangatú Tax Management System, considering the schedule of due dates for informative affidavits established in General Resolution No. 38/2020, within the following deadlines:

 

Closing of the obligated entity's fiscal year  Month of presentation
December 31 July of the fiscal year following the fiscal year to which the tax return is filed
April 30 November of the fiscal year to be declared
June 30 January of the following fiscal year to be declared

Exceptionally, IRE taxpayers obliged to file the TPTS with fiscal year-end as of April 30, June 30, and December 31, 2021, may file the TPTS until October 31, 2022, at the SET's Intake Desk in digital format through an external storage device (CD, DVD or USB memory stick).

The deadline for obligated taxpayers to register the obligation to file the ETPT - obligation No. 957 - in the Marangatu Tax Management System, is extended until October 31, 2022, for tax periods that closed in 2021, without applying the fine for contravention.

  • Deadlines to deactivate the presumption of relatedness for operating with entities in BONT territories

IRE taxpayers that carried out operations with entities incorporated in BONT territories, free zone users or maquiladora companies, during fiscal years 2021 and 2022, must submit to the SET Intake Desk in portable document format (PDF), the documents indicated in the Article 5 of General Resolution No. 96/2021 in accordance with the following deadlines:

 

IRE taxpayer's fiscal year-end  Filing month

April 30, 2021

June 30, 2021

December 31, 2021

May 2022
April 30, 2022 July 2022
June 30, 2022 September 2022

If these documents are presented outside these deadlines, a fine of G. 900,000 applies.