In principle, any transfer pricing case for internationally related parties can be covered by an ABS. The details of the concrete case are usually discussed at the pre-filing meeting. The key benefit of an ABS is the creation of planning and legal certainty with respect to transfer pricing issues, which can avoid future (costly) conflicts and simplify future processes and audits and avoid the assessment of interest in the event of late payment of taxes. However, from the point of view of a taxable person, the flip side of such planning certainty is the restriction of the freedom of commercial planning, given that the binding effect of the APA requires the effective implementation of the underlying facts and circumstances. Other disadvantages may be the initial cost of applying for aPA and that this process is time-consuming and can involve internal and external resources. Main level: the problem of multilateral agreements and what India needs to do to reap the most benefits Progress in the APP system reinforces the government`s determination to promote a non-adversarial tax system. India`s ABS program has been appreciated nationally and internationally for being able to deal fairly and transparently with complex transfer pricing issues. An APA is an agreement between a taxable person and the tax administration that defines the transfer pricing method for the pricing of the taxpayer`s international transactions for future years. After the entry into force of the APA (which also requires the taxpayer`s agreement and the waiver of the right of appeal) and at the request of the taxable person, the local tax administration must take a binding decision reflecting the agreement concluded in the APP. The German tax authorities regularly conclude bilateral and multilateral ABS (unilateral transfer pricing decisions with effect for the future are granted only in exceptional cases). ASAs are an increasingly used instrument, with 56 APA applications filed with German tax authorities in 2018 and 43 bilateral and multilateral PAs in force at the end of 2018, according to the EU`s Joint Transfer Pricing Forum. APAs are handled by specially trained staff from the Federal Tax Office (also responsible for mutual agreement procedures), who handle matters with the competent local tax authorities involved in the ABS process and often carry out the technical analysis.
This coordination can facilitate future processes and audits and optimally create an open and collaborative relationship between all stakeholders. However, from the point of view of the taxable person, account should be taken of the fact that, in accordance with the general procedural rules, the tax authorities may use all information received in the context of an aPA procedure to the detriment of the taxable person and even if, ultimately, no ABS is concluded. From the POINT OF VIEW OF THE UPSC, what is important is that an APA can be one of three species – unilaterally, bilaterally and multilaterally:. Of these 26 APAs, 1 is a BAPA with the UK and the other 25 are unilateral advance agreements (UAPs). An APA provides a guarantee as to the tax outcome of the taxable person`s international transactions. For Prelims and Hands: APAs – Meaning, characteristics and meaning. Indicate the date on which the above content was correct. Indian economy and issues related to planning, resource mobilization, growth, development and employment. . .