ADVANCE PRICING AGREEMENTS - ECONOMY 

News: CBDT signs record number of 125 Advance Pricing Agreements (APAs) in FY 2023-24

 

What's in the news?

       During the fiscal year 2023-24, the Central Board of Direct Taxes (CBDT) has accomplished a significant achievement by entering into 125 Advance Pricing Agreements (APAs).

 

Key takeaways:

       This includes 86 Unilateral APAs (UAPAs) and 39 Bilateral APAs (BAPAs).

       This marks the highest ever APA signings in any financial year since the launch of the APA programme.

 

 

Advance Pricing Agreements (APAs):

       APAs are formal agreements between taxpayers and tax authorities regarding transfer prices.

       They help businesses mitigate the risk of tax authorities challenging their transaction prices.

 

Types of APAs:

1. Unilateral APAs:

       Manage risks for transactions between domestic entities, but do not guarantee protection against double taxation for transactions with foreign entities.

       Generally, have shorter proceedings compared to other APA types.

 

2. Bilateral APAs:

       Address risks for transactions between domestic and foreign entities, ensuring avoidance of double taxation.

       Proceedings are lengthier as agreement from two states is required.

 

3. Multilateral Arrangements:

       Mitigate risks for transactions involving related entities across three or more states.

       Offer protection for complex transactions, though proceedings are more time-consuming.

 

Key Features of APAs:

       Voluntary process supplementing other mechanisms like appeals and Double Taxation Avoidance Agreements (DTAAs).

       Maximum term of 9 years, inclusive of prospective and retrospective periods if opting for roll-back mechanism.

       Ensures confidentiality of sensitive business data.

       Statistical data and summaries are published without disclosing entity names.

 

Importance of APAs for Businesses:

       Provides tax certainty for determining international transaction prices.

       Reduces the risk of double taxation through bilateral or multilateral agreements.

       Lowers compliance costs and transfer pricing audit risks.

       Streamlines documentation requirements, reducing record-keeping burden.

 

Go back to basics:

India-Mauritius DTAA Amendment:

1. Principal Purpose Test (PPT):

       Introduces PPT to prevent treaty abuse by denying benefits if obtaining them was the primary purpose of a transaction.

 

2. Article 27B:

       Adds Article 27B defining entitlement to benefits and conditions for denying treaty benefits.

 

3. Focus on Preventing Treaty Abuse:

       Aims to curb tax evasion and avoidance through DTAA abuse, ensuring benefits are not misused.

 

4. Uncertainty Regarding Past Investments:

       Lack of clarity on the treatment of past investments under the new provisions of the DTAA.

       Ministry of Finance yet to issue clarification on applicability to existing investments.