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The exemption from Article 113 of the Tax Code regarding Transfer Pricing.
[/vc_column_text][us_separator][vc_column_text]The scope of the Transfer Pricing Regulation Law covers any transaction carried out between domiciled or resident natural or legal persons related or linked to non-resident or non-domiciled natural or legal persons and those covered by special regimes; defining in articles 2 and 3, numeral 3) of the Transfer Pricing Regulation Law and 2 and 11 of its Regulations, the subjects that will be considered as related, linked or associated parties within the national territory. These regulations that regulate transfer pricing express two formal obligations that taxpayers must take into consideration if they are subject to said laws; One is the submission of the Annual Transfer Pricing Declaration, and the second is the Transfer Pricing Study (Article 17 of the Transfer Pricing Regulation Law and Articles 30 and 32 of its Regulations). However, Article 113, paragraph 2, of the current Tax Code establishes the submission of the Transfer Pricing Study as exempt for natural or legal persons with related, affiliated, or associated parties within the national territory, unless their related parties are covered by special regimes. It should be noted that this formal obligation is independent of the obligation to submit the Transfer Pricing Declaration. Therefore, this exemption must be understood to mean that natural or legal persons that only carry out transactions with related parties residing in Honduras will not be required to submit the Transfer Pricing Study, unless the latter are covered by special regimes. However, if a natural or legal person carries out transactions with related parties residing in Honduras and non-residents, they must submit a Transfer Pricing Study due to the presence of non-resident related parties, in accordance with Articles 2 and 17 of the Transfer Pricing Regulation Law and Article 32 of its Regulations. Therefore, the Treasury exercises its authority to verify the existence of transfer pricing in transactions carried out between natural or legal persons domiciled or residing in Honduras and their related, related, or associated parties. However, taxpayers covered by Article 113, paragraph 2, of Decree 170-2016 cannot be penalized for failing to submit a Transfer Pricing Study due to the fact that they fall under an exemption. For comprehensive advice on the matter, please contact the following email address: nfugon@lexincorp.com.*Legal Notice: The general information contained in this document is provided for informational purposes only and should not be construed as legal advice on any of the topics discussed. You should not act or refrain from acting on the basis of any content contained herein without seeking legal or other professional advice. We disclaim any liability for any actions you take or refrain from taking based on any content in this communication.[/vc_column_text][us_separator][vc_column_text]
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[/vc_column_text][us_person image=”9339″ name=”Nicole Fugon” role=”Asociada” link=”url:http%3A%2F%2Flexincorp.com%2Fequipo_honduras%2Fnicole-fugon%2F|title:Nicole%20Fugon||” layout=”cards” img_size=”full”][/us_person][/vc_column][/vc_row]
