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 2026

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  • The number of APAs withdrawn was 24 during 2016, compared to 10 in 2015; and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  • An unexplained increase in APAs withdrawn; and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

Brazil’s shift to a nationwide consumption tax is more than conceptual; it fundamentally transforms municipal revenue, enforcement, and administrative disputes
While some advisers praised the ruling’s definition of a ‘voucher’ for VAT purposes, a UK partner said the case left unanswered questions
While pillar two has been enacted on paper in Brazil, companies are encountering a range of practical compliance issues, ITR has heard
Moore, founding partner of the Chicago tax boutique which bears her name, shares her career wisdom for ITR’s new Women in Tax interview series
But partners at the firm admit that jumping ship to the US would not be as easy as some believe
Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Wingrove will succeed Bill Thomas, who has served in the role since 2017; in other news, Andersen unveiled a sharp increase in revenues for 2025
Partners are divided on Italy vs PDM D’s analytical depth, evidentiary standards, and what the judgment signals for future intra-group financing cases
As GCCs increasingly become strategic hubs, multinationals face heightened risks around permanent establishment and place of effective management
While all options presented ‘drawbacks’, European Commission tax leader Wopke Hoekstra said the controversial US carve-out deal has ‘many benefits’
Gift this article