Strategizing Multinational Tax Risks

The EU Joint Transfer Pricing Forum has released statistics for pending Mutual Agreement Procedures (MAPs) and APAs under the Arbitration Convention.

The MAP comparables provide interesting observations for countries in which there is no activity in contrast to active case developments in France, Germany, and the UK.  The average cycle time noted in several countries ranges from 9 to 47 months, which presents additional challenges in timely case resolution.  Reasons provided for cycle time variations included 24% being waived for the time limit with taxpayer’s agreement, 16% pending before court and 15% settled in principle, waiting exchange of closing letters for MAP.

The APA statistics reflect 222 EU and 168 Non-EU APAs in force at the end of 2012, 561 EU and 119 Non-EU APA requests in 2012, while 353 EU and 85 Non-EU APAs were granted in 2012.

Click to access jtpf_012_2013_en.pdf

Click to access jtpf_013_2013_en.pdf

The statistics for seeking resolution via the EU Arbitration Convention provide additional insight for evaluation of issues that are not being settled effectively at the local country level.