Turkey: APA draft guidance | KPMG | BE

Turkey: APA draft guidance

Turkey: APA draft guidance

The revenue administration in Turkey in early April 2015 published advance pricing agreement (APA) draft guidelines as information for taxpayers that may be interested in applying for an APA.

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In general, the draft guidelines sets forth information that is required or that may be requested by the tax authorities with respect to APA applications.

Background

Advance pricing agreements (APAs) are available in Turkey pursuant to the fifth clause of article 13 of the corporate tax law, number 5520, “Disguised Profit Distribution through Transfer Pricing.” 

An APA may be available for taxpayers to resolve potential tax disputes regarding the transfer pricing methodology selected for designating the transfer prices of products or services either purchased from or sold to related parties. 

APA guidance

Detailed information on the APA process provided in the draft guidelines:

  • Describes the APA application process
  • Refers to the application fee (a tariff to be published by the tax authorities)
  • Sets out the required information and documentation for the APA application including mandatory information such as the nature of transaction, adequacy of the data presented, and an analysis of and the reasons for selecting the transfer pricing method
  • Describes the types of APA (unilateral, bilateral, or multilateral) and the situations for each type of APA
  • Lists the required information regarding related parties (i.e., counterparties to the related transaction subject to the APA) such as the related parties’ organization and capital structures, field of activities, current industry and market share, as well as its function, risk, and asset profile
  • Sets out expectations relating to details of economic analyses to be conducted and submitted within APA process, so as to justify a reliable comparability result for the respective transactions under review
  • Provides that the tax authorities may request specific information and documentation from the taxpayer over the course of APA application process if necessary, and describes this type of information

KPMG observation

An advantage of an APA is that a taxpayer that may be hesitant as to which transfer pricing methodology to use will obtain certainty from the tax authorities, with respect to the transfer pricing methodology to be used for a specific period of years. With the recent release of the draft guidelines, taxpayers in Turkey now have information about what information they are to supply to the revenue administration in their application petitions. The new guidance is expected to facilitate the length and efficiency of the APA processes in Turkey.

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