India Sets New Record for Bilateral Advance Pricing Agreements (APAs) in 2022-23

September 4, 20230

In a remarkable achievement, the Indian tax authority has reported a substantial increase in bilateral Advance Pricing Agreements (APAs) during the 2022-23 financial year. This significant development highlights India’s commitment to fostering tax transparency and ease of doing business. In this comprehensive article, we explore the details, implications, and the broader context of this record-setting milestone, catering to tax professionals, investors, and potential clients interested in the latest tax news and transfer pricing services. 


A Surge in Bilateral APAs 

The Indian tax authority’s latest APA report reveals a remarkable surge in bilateral APAs for the 2022-23 financial year. This year witnessed the highest number of APAs signed since the launch of the APA program, signaling a growing appetite for transparent and mutually agreeable transfer pricing arrangements. 

During this period, a total of 193 APA applications were filed, out of which an impressive 77 were bilateral APA applications. These agreements serve as a testament to India’s commitment to enhancing tax certainty for multinational corporations conducting business in the country. 


Key Treaty Partners 

Of particular note is the substantial number of bilateral APA applications involving the United States, which accounts for more than half of the total. Additionally, Japan, Finland, South Korea, and the United Kingdom have emerged as significant treaty partners with whom a considerable number of applications were filed during the 2022-23 financial year. This highlights the global relevance and appeal of India’s APA program. 


Progress and Provisions 

As of March 31, 2023, a total of 449 applications had been filed, with 140 applications already disposed of, and 309 applications currently under review. Notably, 47 of these APAs include “rollback” provisions, further enhancing tax certainty and flexibility for the involved parties. 

The average time taken to conclude bilateral APAs decreased significantly to approximately 62.1 months during the 2022-23 financial year. This reduction reflects the Indian tax authority’s commitment to streamlining the APA process and providing expedited resolutions. 


A Legacy of Transparency 

The APA program, launched in 2012 via the Finance Act, 2012, has evolved into a cornerstone of India’s transfer pricing regime. It reflects the government’s commitment to creating a conducive environment for international businesses by promoting transparency, predictability, and fair taxation. 


Implications and Opportunities 

For tax professionals, this surge in bilateral APAs signifies the need for a deep understanding of transfer pricing regulations and the evolving Indian tax landscape. Investors seeking to do business in India can now benefit from greater tax certainty, thereby reducing risks associated with transfer pricing disputes. 

Furthermore, this record-breaking achievement presents opportunities for tax technology and transfer pricing service providers. As businesses strive for compliance and seek expert guidance in navigating complex international tax regulations, service providers have an essential role to play in facilitating seamless APA negotiations and compliance. 

In conclusion, India’s record number of bilateral APAs in the 2022-23 financial year is a testament to the nation’s commitment to fostering an attractive and transparent business environment. As India continues to play a pivotal role in the global economy, tax professionals, investors, and service providers must stay tuned to these developments, ensuring that they remain agile and well-prepared for the evolving tax landscape in India. 


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