TAX

Tax Alert – Updates on directives on Advance Pricing Agreements

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On 3 March 2025, the Federal Tax Authority (‘FTA’) published FTA Decision No. 2 of 2025 on FTA Policy for Issuance of Clarifications and Directives (‘Decision’). This Decision is effective from 1 March 2025. In Section IV (3) of the Decision, a mechanism was provided for issuing directives through unilateral Advance Pricing Agreements (‘APAs’). 

An APA is a procedural arrangement between a taxpayer (or taxpayers) and a tax administration that establishes, in advance, the appropriate transfer pricing criteria (e.g. method, comparables and appropriate adjustments thereto, critical assumptions as to future events) for controlled transactions over a fixed period as per Annex II to Chapter IV of the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations, January 2022 (‘OECD TP Guidelines’). The unilateral APAs are the arrangements solely between a taxpayer or taxpayers and a tax administration.

Unlike traditional tax rulings, APAs require a detailed review and verification of factual assumptions before determining the legal tax consequences, and they involve continuous monitoring to ensure those assumptions remain valid. An APA serves as a valuable instrument for businesses, providing greater certainty regarding their tax obligations. By establishing agreed-upon transfer pricing methodologies in advance, APAs enable companies to plan their finances more effectively while also minimizing the risks of transfer pricing audits. This proactive approach not only reduces the administrative burden associated with compliance but also fosters a more stable and predictable tax environment for businesses. 
 
In accordance with the Corporate Tax Law, a person may apply to the FTA for the conclusion of an APA concerning a transaction or arrangement that has been proposed or entered into by the person.  
 
The Decision provides the applications for unilateral APAs will be accepted starting from the 4th quarter of 2025. The date of receiving any other APA applications1 will be announced subsequently. 
 
While this policy provides the general framework for clarifications and directives, the FTA will specify the processes and details in due course.

 

Key takeaways

  • Transfer pricing can be complex and involves various challenges related to tax, legal, and operational aspects. Uncertainties, including the significant management time required during a transfer pricing examination, can pose substantial business risks for taxpayers. 

  • APAs provide a way to mitigate these risks by allowing taxpayers to secure advance agreements on their transfer pricing methods with the FTA. The APA process helps companies manage their transfer pricing issues proactively, ensuring compliance and reducing the likelihood of disputes.

If you would like to learn more about APAs, please contact us.