Recently CIAT published the study on “Transfer pricing manipulation Control in Latin America and the Caribbean”
The CIAT Executive Secretariat offers the International tax community, the Spanish version of a new study on “Transfer pricing manipulation Control in Latin America and the Caribbean”. The English version will be available in the coming months.
Through this work, prepared by the CIAT Executive Secretariat, the main legislative and administrative aspects raised in the field of the transfer pricing in Latin America and selected countries of the Caribbean are known. It is addressed to tax administrations and specialists interested in analyzing similarities, differences and new domestic developments in the field of tax policy; as well as good practices and organizational and administrative aspects.
This work has been possible thanks to financial support of GIZ from Germany within the imitative framework of the “International Tax Compact”, information provided by twenty tax administrations of countries of America: AFIP of Argentina, YESN of Bolivia, SRF of Brazil, YESI of Chile, DIAN of Colombia, DGT of Costa Rica, SRI of Ecuador, DGII of El Salvador, SAT of Guatemala, DEI of Honduras, TAJ of Jamaica, SAT of Mexico, DGI of Nicaragua, DGI of Panama, SET of Paraguay, SUNAT of Peru, DGII of Dominican Republic, IRD of Trinidad and Tobago, DGI of Uruguay and SENIAT of Venezuela that have allowed us access to unpublished information on some of its processes related to the control of transfer pricing. In addition, this work has been enriched by contributions provided by the IDB, the World Bank and the Central American Institute for Fiscal Studies (ICEFI) on best practices and visions associated with this complex and essential matter when protecting the domestic tax base.
As a result of this study, five groups of countries according to the degree of legislative and administrative development in the control of abusive manipulation of transfer pricing have been defined. The following table shows the criteria used and the category to which belong each of the countries included in the Study, being the countries of the Group I the most developed in this area and those in Group V the ones that are developing it:
|
Countries |
Has legislation |
Legislation before 2002 |
Process control |
Cases in Court |
Use of database |
Transfer Pricing Areas in the Tax Adm. |
Groups |
| Argentina |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
I |
| Bolivia |
No |
No |
No |
No |
No |
No |
V |
| Brazil |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
I |
| Chile |
Yes |
Yes |
Yes |
No |
Yes |
Yes |
II |
| Colombia |
Yes |
Yes |
No |
No |
Yes |
Yes |
III |
| Costa Rica |
No |
No |
No |
No |
No |
Yes |
V |
| Ecuador |
Yes |
No |
Yes |
Yes |
Yes |
Yes |
II |
| El Salvador |
Yes |
No |
No |
No |
No |
Yes |
IV |
| Guatemala |
Yes |
No |
No |
No |
No |
Yes |
IV |
| Honduras |
Yes |
No |
No |
No |
No |
No |
IV |
| Jamaica |
No |
No |
No |
No |
No |
No |
V |
| Mexico |
Yes |
Yes |
Yes |
Yes |
Yes |
Yes |
I |
| Panama |
Yes |
No |
No |
No |
No |
Yes |
IV |
| Nicaragua |
No |
No |
No |
No |
No |
No |
V |
| Paraguay |
No |
No |
No |
No |
No |
No |
V |
| Peru |
Yes |
Yes |
Yes |
No |
Yes |
Yes |
III |
| Dominican Republic |
Yes |
No |
Yes |
Yes |
Yes |
Yes |
II |
|
Trinidad and Tobago |
No |
No |
No |
No |
No |
No |
V |
| Uruguay |
Yes |
No |
Yes |
No |
No |
Yes |
III |
| Venezuela |
Yes |
Yes |
Yes |
No |
Yes |
Yes |
II |
Source: ITC-GIZ-CIAT Study on “Transfer pricing manipulation Control in Latin America and the Caribbean”