Friday 7 August 2015

CBDT Signs Rollback Advance Pricing Agreements (APAs) for Certainty in Taxation







The Central Board of Direct Taxes (CBDT) entered into two unilateral Advance Pricing Agreements (APAs) on 3 August, 2015 with two Multi-National Companies (MNCs) which includes the first APA with a “Rollback” provision as a part of a major initiative to usher in certainty in taxation. CBDT has so far signed 14 APAs which are related to various sectors like telecommunication, oil exploration, pharmaceuticals, finance/banking, software development services and ITeS (BPOs) of which 13 are unilateral APAs and one is a bilateral APA.CBDT had entered into this APAs with US MNCs is first ever since the Finance Ministry made announcement in March 2015.

ADVANCE PRICING AGREEMENTS (APAS):
An advance pricing agreement is an ahead of time agreement between a taxpayer and a taxing authority on an appropriate transfer pricing methodology for some set of transactions (in this case international transaction) at issue over a fixed period of time (called "Covered Transactions"). Unilateral APAs are agreed between Indian taxpayers and the CBDT, without involvement of the tax authorities of the country where the associated enterprise is based. Bilateral APAs include agreements between the tax authorities of the two countries. Rollback provision facilitates tax liability for future transactions for five years and transactions of previous four years that now provide tax certainty to applicant for nine years altogether, which was for five regular years of APAs initially.

WHY IS THIS IMPORTANT?
1) It brings about  transparency between taxpayer and tax regulator regarding transfer pricing to avoid disputes .
2) This will introduce certainty in tax law reduces compliance costs.
3) It aims at creating investment friendly environment, the investors will adopt this APA route with rollback provision to reduce litigation and to business with ease.













Author: Palak Tiwari, a freelancer writer based in Bhopal
                                                              

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