Eaton versus the IRS: Uncertainty in US APAs

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


Eaton versus the IRS: Uncertainty in US APAs

Eaton, an electrical component manufacturer, is contesting an IRS decision to revoke an advance pricing agreement it made with the taxpayer and a transfer pricing adjustment against the company for $127 million.

eaton150.jpg

The demand comprises additional taxes of $75 million and a $52 million penalty primarily for transfer pricing adjustments on products made in the company's facilities in Puerto Rico and the Dominican Republic and sold to affiliated companies in the US.

“The company has set its transfer prices for products sold between these affiliates at the same prices that the company sells such products to third parties,” said the Eaton 2011 annual report.

The IRS issued a Notice for Eaton's 2005 and 2006 tax years at the end of the fourth quarter of 2011.

Eaton said the issuance of the Notice was “despite the IRS having previously recognised the validity of the company's transfer pricing methodology by entering into two successive binding advance pricing agreements (APA) that approved and, in fact, required the application of the company's transfer pricing methodology for the 10 year period of 2001 through 2010”.

“For the years 2001 through 2004, the IRS had previously accepted the transfer pricing methodology related to these APAs after a comprehensive review conducted in two separate audit cycles,” the report added. “On December 16 2011, immediately prior to the Notice being issued, the IRS sent a letter stating that it was cancelling the APAs.”

Eaton said it considers the proposed assessments to be “without merit” and, on June 11, requested a quick judgement by the Tax Court on part of the case.

APA trends will be up for discussion at this year’s International Tax Review and TPWeek Global Transfer Pricing Forum in Paris September 24 & 25.

When the number of jurisdictions offering APAs is increasing, the panel will look at the demand from taxpayers for this type of certainty and if there is anything tax authorities can do to improve how they work.

The Eaton Corp case is not the first example of a revoked APA. The IRS has made void nine other APAs since the programme’s inception in 1991. But, the IRS doesn’t have a good track record in court over such cases.

In recent years it has lost twice: in 2009, when it was challenged by Veritas Software and in a trial in 2005 and appeal in 2010 against semiconductor maker Xilinx.

Panellists on the APA panel at the Global Transfer Pricing Forum, which include Sarah Fahy from Sony, Eric Lesprit from the French Tax Administration and advisers from the UK and Japan, are likely to discuss the viability of APAs and consider this trend to revoke them, which is not only apparent in the US.

In the Netherlands, an APA renewal case, with similar facts, went through the courts last year after it was denied by the authorities.

more across site & shared bottom lb ros

More from across our site

The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
The UAE accounted for most Middle East promotions and new rankings, as A&M Tax, Baker McKenzie, Dhruva Consultants and DLA Piper breached the top tier
Spanish-headquartered multinationals lead on reporting quality, while US and Swiss groups lag in the Fair Tax Foundation’s expanded analysis
Former IRS commissioner Danny Werfel joins ITR for a must-listen conversation spanning his time leading the agency, his AI risk framework, and the future of the OECD
Tax and legal services was PwC’s fastest-growing business line last year, helping to put the firm back on a par with its big four rivals
Ex-EY and Hourani & Partners leader Zain Satardien is using flexible staffing and AI-enabled systems to test a leaner model for specialist legal and tax advice
The big four firm is rightfully prioritising transparency and accountability as it seeks to rebuild from its scandal, but a glaring structural issue remains
A recent hiring flurry has taken the firm’s number of partner appointments this year to 121 and put it on track to hit 160 partner target early
The move brings specialist tax and litigation capability to EY as it seeks to close the gap on Baker McKenzie and Venezuela’s leading local firms
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
Gift this article