The Pre-Price Agreement (APA) is a advance notice that gives companies legal certainty regarding their future transactions between two related companies. The Mutual Agreement Procedure (MAP), which is independent of internal remedies, aims to resolve situations of double taxation or situations in which taxation does not comply with a bilateral tax treaty. Following the signing of the pre-price agreement with the State or foreign countries, BZSt informs the applicant in writing of the result and asks him to approve the content of the agreement. In addition, the applicant is asked to waive his right of appeal to the tax office. Once the applicant has agreed to the content and waived his right of appeal, the tax office grants the applicant the corresponding mandatory prior obligation to implement the pre-transfer prices at the national level. A pre-price agreement (APA) is a prior agreement between a tax payer and a tax authority on an appropriate transfer pricing method (TPM) for a number of transactions involved during a specified period (“covered transactions”). Under German law, a pre-price agreement (APA) is a combination of a prior agreement between the federal states on the transfer price between internationally linked companies and an expanded obligation based on it. At the end of the APA, the participating countries determine the method of transfer pricing to be applied for a fixed period in the future between the related companies or certain parts of the companies concerned. This is an administrative procedure based on requirements. AAAs – in the aforementioned sense – find their legal basis in the Double Taxation Conventions (DBA), in the respective articles on mutual agreement procedures.
Germany has concluded DBA with more than 90 countries in the world. Most of these DBAs follow the OECD`s draft international agreement. The provisions on mutual agreement procedures are set out in Article 25, paragraphs 1 to 3, of the OECD Model Convention. The Mutual Agreement Procedure (MAP) is an out-of-court procedure under bilateral tax treaties aimed at eliminating double taxation of taxpayers. It is independent of internal remedies. To avoid such manipulation, the Indian tax department imposes the price of different components between Maruti and SMC. At the beginning of a year, the price calculated for intra-company transactions is set in advance and maintained for the next five years. This price agreement between Maruti and India`s tax service is called the Early Price Agreement. An APA is a contract, usually several years, between a tax payer and at least one tax authority, which indicates the pricing method that the taxpayer will apply to transactions with related companies. These programs are designed to help policyholders proactively and cooperatively resolve voluntary or potential transfer pricing disputes as an alternative to the traditional verification process.
A Pre-Pricing Agreement (APA) is an agreement between tax authorities and taxpayers on the future implementation of transfer pricing policies. An APA can be an effective measure to reduce transfer pricing risks for many tax payers, ensuring that the level of future profitability is accepted as appropriate by the tax authorities. APAs ensure taxpayer security, reduce disputes, increase tax revenues and make the country an attractive destination for foreign investment. These agreements would be binding on both the taxpayer and the government.