The new Customs Valuation procedure, approved by Superintendence Resolution No.000239-2023/SUNAT, establishes guidelines for the verification of compliance with the customs value (basis for the calculation of taxes) declared by importers, which are aimed at strengthening the control powers of the Customs Authority.
On this basis, it is expected that, as of 2024, this type of verifications will not only increase (increase in the number of “Reasonable Doubts” notified), but that the level of complexity regarding the proof of the price actually paid or to be paid for the imported goods may even increase, taking into consideration the incidence of this procedure in formal aspects and the short response times granted to the importer.
The contingencies that could arise from the incorrect determination of the customs value are not minor if we take into consideration that the applicable fine amounts to 200% of the unpaid import taxes plus late payment interest. The impact could be even greater if the objections arise as a result of a subsequent audit, which normally involves the review of several non-prescribed periods.
The due support of the customs value implies the accreditation of documentary traceability at commercial, financial and accounting level, as well as the corresponding explanations regarding the characteristics of the sale that supports the import, which could imply, for example, complementary declarations issued by the foreign suppliers, among others.
Fines may be reduced by 75% if, after the corresponding preventive review, the importer voluntarily cancels the amount of unpaid taxes before receiving any requirement or notification from the Customs Authority.
For further information, please contact Julio Guadalupe (jguadalupe@estudiorodrigo.com) and/or Juan Acuña (jacuna@estudiorodrigo.com).
