Turkey: Draft guidelines on advance pricing agreements

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Turkey: Draft guidelines on advance pricing agreements

askin.jpg

Devrim Askin

Turkish Revenue Administration (TRA) recently published draft guidelines on advance pricing agreements (APAs) with the aim of informing corporate taxpayers planning to apply for an APA. In this context, the draft guidelines provide information regarding:

  • definition, scope and duration of APA;

  • APA process which consists of five steps (pre-filing, formal application, preliminary evaluation, analysis, and unconditional/conditional acceptance or rejection of the application);

  • preparation of annual APA report for monitoring the implementation of the signed APA; and

  • revision, renewal and cancellation of an existing APA.

In fact, the draft guidelines reiterate the explanations already made in the existing transfer pricing legislation, particularly the provisions contained in the Transfer Pricing General Communiqué No.1. However, more specific information is requested by TRA from taxpayers in their APA application than those listed under section 7.2 of the above-mentioned General Communiqué No.1, including:

  • function-risk matrix between related parties;

  • flow chart of all intercompany transactions;

  • information on the type of intangibles (patent, trademark, know-how, industrial design and so on) related to the transaction covered in the APA;

  • information on (if any) R&D activities that are carried out by the Turkish entity;

  • critical assumptions regarding functions, financial issues, accounting practices, economic conditions, legal regulations and any other related matters;

  • (if any) relevant tax audit reports;

  • any other APAs applied for, or concluded, by the foreign related parties;

  • any transfer pricing documentation prepared by the foreign related parties involving in the intercompany transaction that is the subject matter of APA;

  • (if any) relevant cost contribution agreements; and

  • (if any) all relevant agreements between related parties; and

  • provision of financial statements according to Turkish GAAP [generally accepted accounting principles].

It can be said that such informative guidelines are beneficial for taxpayers intending to request an APA to ensure that the APA process is carried out by TRA in a transparent and cooperative environment.

On the other hand, it would be appropriate to review the scope of information to be submitted in the APA application in order not to create any additional burden on taxpayers and to make more explicit explanations regarding comparable searches, comparability adjustments, financial analyses and critical assumptions so that taxpayers, to the extent possible, can prepare their application files more completely and hence the APA process can be concluded in a timely and efficient manner.

Last but not least, there is no specific date given by TRA as to when the draft guidelines will be completed and published as a final version. In this context, TRA may provide an insight about the expected date for the relase of final guidelines after receiving public comments.

Devrim Askin (devrim.askin@tr.pwc.com)

PwC Turkey

Tel: + 90 212 326 6662

Website: www.pwc.com.tr

more across site & shared bottom lb ros

More from across our site

The arrival of a seven-strong team from Baker McKenzie will boost WTS Germany’s transfer pricing capabilities and help it become ‘a European champion’, the firm’s CEO said
Germany has forgotten to think about digital reporting requirements, a WTS partner claimed at ITR’s Indirect Tax Forum 2025
E-invoicing is currently characterised by dynamism, with fragmentation acting as a key catalyst for increasing interoperability, says Aida Cavalera of the International Observatory on eInvoicing
Pillar two and the US tax system ‘could work in harmony’, Scott Levine tells ITR in an exclusive interview to mark his arrival at Baker McKenzie
Peter White, who has a tax debt of A$2 million, has been banned for five years from seeking registration with Australia’s Tax Practitioners Board (TPB)
Wopke Hoekstra’s comments followed US measures aimed against ‘unfair foreign taxes’; in other news, Grant Thornton and Holland & Knight made key tax partner hires
An Administrative Review Tribunal ruling last month in Australia v Alcoa represents a 'concerning trend' for the tax authority, one expert tells ITR
A recent decision underlines that Indian courts are more willing to look beyond just legal compliance and examine whether foreign investment structures have real business substance
Following his Liberal Party’s election victory, one source expects Mark Carney to follow the international consensus on pillar two, as experts assess the new administration
A German economics professor was reportedly ‘irritated’ by how the Finnish ministry of finance used his data
Gift this article