Indian Tax Administration Relaxes Norms for MAP and Bilateral APAs

The Indian government had taken the position previously that the mutual agreement procedure (MAP) for transfer pricing disputes and bilateral advance pricing agreements (APA) could not be permitted when Article 9(2) or an equivalent Article was not present in the double tax avoidance agreement (DTAA...

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Bibliographic Details
Published inJournal of International Taxation Vol. 29; no. 3; p. 7
Main Authors Finnerty, Chris, Parsch, Kazuyo, Yap, Bee-Khun, Kapadia, Sudhir
Format Trade Publication Article
LanguageEnglish
Published Boston Thomson Reuters (Tax & Accounting) Inc 01.03.2018
Subjects
Advance pricing agreements
Disputes
International taxation
Jurisdiction
Multinational corporations
Tax audits
Tax controversies
Tax treaties
Taxation
Transfer pricing
India
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Summary:The Indian government had taken the position previously that the mutual agreement procedure (MAP) for transfer pricing disputes and bilateral advance pricing agreements (APA) could not be permitted when Article 9(2) or an equivalent Article was not present in the double tax avoidance agreement (DTAA) with the other country (the jurisdiction of the group entity having transactions with India). Now, through a press release issued on Nov 27, 2017, the government has said that the MAP for TP disputes and the bilateral APA process would be available to taxpayers even when Article 9(2) or the equivalent is not present in the DTAA with the taxpayer's jurisdiction. The following summarizes the key considerations and implications of this revised approach.
ISSN:1049-6378