45. Bilateral and multilateral APAs require agreements between tax administrations and agreements between each tax administration and the taxpayer concerned. Unilateral AAPs require only agreements between a tax authority and the subject concerned 138. Details of the acceptable methodology for determining transfer pricing and critical assumptions (see Appendix F) to be met for the APA. 139. An agreement under which the APA will be mandatory for the tax authorities concerned 78. As part of the assessment process, the tax authority should strive to obtain the taxpayer`s agreement on the position of the tax administration. It is beneficial for the tax authorities and the taxpayer to work together to keep the process on track. 2.3.
Advance notification, prior consultation or prior agreement. 4 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. Backgrounder on bilateral or multilateral procedures prior to Agreement 84. If so, AES are not required to exchange position papers if this makes the APP process more efficient and faster. But in most cases, it will help establish all position papers before full negotiations begin and thus resolve disputes quickly and effectively. Once a certification body has established a position paper, any other certification body involved in the negotiations should at least indicate differences of opinion. 99. The APP agreement should provide parameters of an acceptable level of divergence for certain assumptions in advance and should only be renegotiated if these parameters are exceeded.
The double taxation agreement is available on the website of the Federal Ministry of Finance. 29. In view of these recent successes in transfer pricing within the EU and the need to monitor the implementation of the new instruments, as well as to continue to consider several issues, the Commission has decided to extend the GFBV agreement for a new two-year term. 34. With regard to the arbitration agreement, the Commission, which has received additional feedback since the adoption of the Code of Conduct, draws attention to the following issues, for which clarifications should be made in order to ensure a better functioning of the Convention: the deadline for the establishment of the Arbitration Commission, a common understanding of the definition of a serious sanction , the possible extension of the scope to more than two Member States, the time frame for the implementation of the final decision, the role of the subject, which is precisely covered by an adjustment of transfer prices (. B, for example, a small capitalization to consider). Finally, the Commission received advice for the establishment of a permanent and independent secretariat. Function analysis is the key tool for every transfer pricing job.
The content should be tailored to the taxpayer concerned and to transactions under the APA. Depending on the situation, the APA application should also, to some extent, indicate which unit performs which functions throughout the MNE`s business. However, tax authorities should keep in mind that they do not assess transactions that are not in the APA.