Customs duties and other import taxes for consumption applied are those in force on the date of birth of the customs tax obligation under the provisions of article 140 of the General Customs Law. The tax base to determine import taxes is the customs value.
The WTO Valuation Agreement governs customs valuation in Peru. Despite this, SUNAT uses a reference price verification system (Price Verification System, SIVEP) and a related database to consult merchandise prices from each country and supplier. This practice enables comparing declared values in commercial invoices and merchandise prices taken from said database.
SUNAT accepts discounts, as long as they are detailed on the invoice and not included in the normal sale’s value. SUNAT often requests payment terms and proof of payment. In addition, the manufacturer’s price list, certified by the Peruvian consulate in the country of purchase, is often requested. This price list should not be explicitly addressed to the importer but include general information. The price list must be reviewed and accepted by SUNAT. This system has resulted in several complaints from local importers claiming that SUNAT is over-assessing values. The customs chapter of the PTPA addresses the referential pricing issue and is consistent with Peru’s WTO obligations.
In 2018, representatives of SUNAT and the U.S. Customs and Border Protection (CBP) signed an Authorized Economic Operator (AEO) trusted merchant program, which is promoted by the WCO (World Customs Organization). The AEO is designed streamline customs clearance processes for certified businesses between the two countries and is a significant step in facilitating legitimate trade.
In 2022, Peru implemented changes in customs legislation and procedures in force since the end of 2019. Modernization of the computing platform and programs of the Peruvian Customs has increased the efficiency of customs control and reduced costs and times in the merchandise release process. Nearly the entire customs process is now carried out virtually, with minimal physical documents, under an anticipated control scheme before the merchandise arrives at a given port of entry. In addition, the system optimizes risk management, facilitates the payment of taxes and application of prior guarantees, and implements recent changes in the Harmonized Tariff Classification System.