US Outbound: IRS Issues APA Statistics for 2016

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

US Outbound: IRS Issues APA Statistics for 2016

intl-updates-small.jpg
foley.jpg
Taheri

Sean Foley

Cameron Taheri

On March 27 2017, the Internal Revenue Service (IRS) Advance Pricing and Mutual Agreement (APMA) Programme issued its annual report on advance pricing agreements (APA) statistics for 2016 contained in Announcement 2017-03. The highlights include:

  • The number of executed APAs in 2016 was 86 – compared to 110 in 2015, 101 in 2014, and 145 in 2013;

  • The median completion time for unilateral and bilateral APAs was 32.8 months for new APAs and renewed APAs combined, which is a slight increase from the prior year;

  • APAs with Japan (54%) and Canada (20%) comprised 74% of all bilateral APAs executed in 2016, which is consistent with prior years;

  • APAs with a non-US parent and a US subsidiary comprised 65% of all bilateral APAs executed in 2016, which is consistent with prior years;

  • For those APAs executed in 2016, the comparable profits method/transactional net margin method was used in 89% of APAs involving tangible and intangible property and 76% of APAs involving services;

  • The number of APA requests decreased from 183 in 2015 to 98 requests in 2016, which is more in line with the 108 APA requests made in 2014;

  • The number of APA requests with India was 34% and 31% of APA requests were with Japan;

  • The number of APAs withdrawn was 24 during 2016, compared to 10 in 2015; and

  • The number of executed APAs (86) did not surpass the number of applications filed (98) during 2016.

The authors' impressions of the APA statistics include:

  • APA resolutions are down somewhat while APMA focuses on improving the APA process;

  • APA filings have returned to historic levels after last year's exceptionally high filings fuelled by a new IRS APA revenue procedure and concerns driven by the OECD's BEPS project;

  • An unexplained increase in APAs withdrawn; and

  • Japan continues to account for a significant portion of bilateral APAs executed, filed and inventory, with India filings slightly exceeding Japan filings for the first time.

Sean Foley (sffoley@kpmg.com) and Cameron Taheri (ctaheri@kpmg.com), Washington, D.C.

KPMG LLP

Tel: +1 202 533 5588 and +1 202 533 3384

Website: www.us.kpmg.com

more across site & shared bottom lb ros

More from across our site

Corporate counsel should combine deep technical knowledge with strategic dynamism, says Agarwal, winner of ITR’s EMEA In-house Indirect Tax Leader of the Year award
Luxembourg’s reform agenda continues at pace in 2025, with targeted measures for start-ups and alternative investment funds
Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Nobody likes paperwork or paying money, but the assertion that legal accreditation doesn’t offer value to firms and clients alike is false
Ryan hopes the buyout will help it expand into Asia and the Middle East; in other news, three German finance ministers have called for a suspension of pillar two
SKAT, which was represented by Pinsent Masons, had accused Sanjay Shah and other defendants of fraudulent dividend tax refund claims
TP managers must be able to explain technical issues in simple terms, ITR’s European Transfer Pricing Forum heard
Prudential had challenged HMRC over VAT group relief; in other news, Donald Trump unveiled timber and wood tariffs, and the European Commission published a ViDA implementation strategy
Australia’s CbCR rules have ‘widespread support’ and do not put American companies at a competitive disadvantage, the FACT Coalition said
Gift this article