Calculadora COMEX Perú

Home / Imports / Module 3

3.4 Common mistakes and infractions

A wrongly declared piece of data can cost you taxes, interest and fines. Learn the most common infractions, who answers for each, and how to correct in time to pay less.

Module 3: Customs in the import · Reviewed on 20/10/2026 · Español

Goal: Calculate the fine for a wrong subheading and compare the cost of correcting it in time with waiting for SUNAT's request.

A mistake before customs does not only delay your cargo. It can generate additional taxes, interest and fines. A customs infraction is conduct that the General Customs Law punishes with an administrative sanction, almost always a fine. Fines are set in the Customs Sanctions Table (Supreme Decree 418-2019-EF, in force from 01/01/2020). They are expressed as a percentage of the taxes left unpaid or as a fraction of the UIT, the Tax Unit (Unidad Impositiva Tributaria), whose value the MEF sets each year.

The table assigns each infraction to a party: customs broker, importer, carrier, warehouse and others. If the DAM is transmitted with data that does not match the operator's (value, origin, quantity) and taxes go unpaid, the fine is 50% of those taxes and surcharges. It drops to 25% if corrected before any formal request, and it is 0.1 UIT if no taxes were omitted. An incorrect subheading with an effect on taxes follows the same logic: 50% or 25%. These fines fall on the broker, but the difference in taxes and its interest are paid by you.

There are also fines aimed at the importer. Not transmitting the invoice that supports the DAM, or transmitting it illegible, incomplete or with an error, costs 0.25 UIT, which drops to 0.1 UIT if you correct it before any formal request. Not transmitting on time the information to regularize the regime costs 0.2 UIT, or 0.1 UIT with prior correction.

The most frequent mistakes are preventable: a vague description that leads to misclassification, a declared value that does not reflect what you actually paid (undervaluation), documents that do not match each other, restricted goods without authorization, and expired deadlines. If there is intentional deception to pay fewer taxes, it is no longer just an infraction: it can be a customs crime under the Customs Crimes Law (Law 28008).

Your best defense is to detect and correct before SUNAT does. Review the copy of the numbered DAM, ask your agent to correct any difference by the means the procedure provides, and keep the evidence. Put in the mandate in writing who bears which costs if there is a mistake. Classification and valuation are covered in depth in the course on Tariff Classification and Customs Valuation.

Key ideas

Common mistakeFine according to the tableParty sanctionedHow to avoid it
DAM with data different from the documents (value, origin, quantity) and unpaid taxes50% of the taxes and surcharges; 25% if corrected before a formal request; 0.1 UIT if no taxes were omittedCustoms brokerReview the invoice, packing list and transport document before numbering
Incorrect subheading with an effect on taxes50% of the taxes and surcharges; 25% if corrected before a formal requestCustoms brokerGive your agent a complete technical description and the product data sheet
Invoice not transmitted, illegible, incomplete or with an error0.25 UIT; 0.1 UIT if corrected before a formal requestImporterAsk the supplier for a final, legible and complete invoice
Not transmitting on time the information to regularize the regime0.2 UIT; 0.1 UIT if corrected before a formal requestImporter and exporterKeep a deadline calendar with your agent

Worked example

Distribuidora Rímac and a wrongly chosen subheading
  1. Distribuidora Rímac S.A.C. imports gardening tool kits. FOB US$ 16,000, freight US$ 1,700 and insurance US$ 100. CIF value = 16,000 + 1,700 + 100 = US$ 17,800.00. The invoice describes the goods only as “garden tools”.
  2. With that vague description, the DAM is numbered with a subheading with Ad Valorem 0%. Taxes paid: IGV plus IPM of 18% on US$ 17,800 = US$ 3,204.00.
  3. Assume the correct subheading has Ad Valorem of 11%. Ad Valorem = 17,800 × 0.11 = US$ 1,958.00. IGV and IPM base = 17,800 + 1,958 = US$ 19,758.00. IGV plus IPM = 19,758 × 0.18 = US$ 3,556.44. Correct taxes = 1,958.00 + 3,556.44 = US$ 5,514.44.
  4. Taxes left unpaid = 5,514.44 − 3,204.00 = US$ 2,310.44, not counting the perception or interest. Distribuidora Rímac must pay that difference.
  5. Scenario 1: SUNAT detects the error in a later audit. The fine for an incorrect subheading is 50% of the taxes and surcharges: 2,310.44 × 0.50 = US$ 1,155.22, as a minimum, because surcharges increase the base. According to the table, the fine falls on the customs broker.
  6. Scenario 2: the agent discovers the error and corrects it before any formal request. The fine drops to 25%: 2,310.44 × 0.25 = US$ 577.61.
  7. Another risk: a page of the invoice was cut off. For the importer, the fine for an incomplete invoice is 0.25 UIT. With an assumed UIT of S/ 5,500 (confirm the current value): 0.25 × 5,500 = S/ 1,375. If corrected before a formal request, 0.1 UIT = S/ 550.
  8. Rímac changes its habits. It asks its suppliers for a technical data sheet and an invoice with a full description, reviews the copy of the numbered DAM and sets in the mandate who bears the differences.

Result: The subheading error left US$ 2,310.44 unpaid. Detecting it in time reduces the fine from US$ 1,155.22 to US$ 577.61, and avoiding it only cost asking for a technical data sheet.

Real cases

A single table of customs fines since 01/01/2020

31/12/2019

On 31/12/2019, Supreme Decree 418-2019-EF was published, approving the Customs Sanctions Table, in force from 01/01/2020. It sets, for example, a fine of 50% of the taxes and surcharges when the DAM is transmitted with data that does not match the operator's (25% if corrected before a formal request), and of 0.25 UIT for the importer who does not transmit the invoice or transmits it illegible, incomplete or with an error (0.1 UIT with prior correction). It matters to you because voluntary correction reduces the fine.

If you discover an error, correct it and ask your agent to fix it before SUNAT requires it: the fine goes down.

Source: SUNAT – Tabla de Sanciones Aduaneras (D.S. 418-2019-EF)

Chancay: SUNAT gives an adaptation period before sanctioning

19/02/2025

On 19/02/2025, Resolution of the Deputy National Superintendency of Customs 000007-2025-SUNAT/300000 approved not sanctioning certain customs infractions committed at the Chancay Multipurpose Port Terminal between 01/02/2025 and 30/04/2025. With it, the adaptation period previously set by RSNAA 000026-2024 was extended. The measure is aimed at carriers, freight agents, customs warehouses and port administrators, for the transmission of manifests and of entry and exit acts, and does not mention the importer.

Infractions and deadlines depend on each operator's role and can have transitional rules: confirm which ones apply to you.

Source: SUNAT – RSNAA 000007-2025-SUNAT/300000: infracciones no sancionadas en el Terminal Portuario Multipropósito de Chancay

Common mistakes

Practise with the calculators, the COMEX Simulator and the review questions on the main page.

Open this topic in the calculator →
← Previous topic: The customs agent and clearance typesNext topic: What makes up the cost of an import →