According to the same source, the average time to close transfer pricing pop cases is as follows: the mutual agreement procedure (MAGP) is an out-of-court procedure provided for in bilateral tax treaties aimed at eliminating double taxation of taxpayers. It is independent of national remedies. As transfer pricing (TP) controversies are becoming more frequent and increasingly important for multinationals, the emergence of the Advance Pricing Agreement (APA) and the Mutual Agreement Procedure (POP) have been seen in recent years as possible dispute resolution mechanisms that bring hope to taxpayers. This article examines the regulatory context, progress, challenges and the expected future of APAs and LDCs in Indonesia. An advance pricing agreement (APA) is a prior agreement between a taxable person and a tax department on an appropriate transfer pricing method (TPM) for a number of transactions that are being negotiated over a given period (so-called “hedged” transactions). In 2010, the introduction of DGT Regulation No. 48/PJ/2010 establishing guidelines for the implementation of LDCs on the basis of double taxation conventions and DGT Regulation No. 69/PJ/2010 on SPAs first introduced alternative dispute settlement models in Indonesia. Prior to joining the firm, he worked at two of the Big Four companies in Indonesia. As a transfer specialist, he regularly holds transfer pricing seminars and contributes to the firm`s publications. An ABS is an administrative approach that attempts to avoid transfer pricing disputes by defining criteria for the application of the arm`s length principle to transactions prior to such transactions. This is in contrast to traditional audit techniques, which examine whether transactions already carried out reflect the application of the arm`s length principle. These approaches were relatively new at the time the 1995 Guidelines were adopted by the OECD Council and, for example, in paragraph 4.161 of the Transfer Pricing Guidelines, the Committee on Fiscal Affairs stated that it intended to “carefully monitor any wider use of ABS and promote greater consistency in practice among countries that choose: to use them”.
In addition, 4.163 of the Guidelines states that “as far as possible, an ABS should be concluded between the competent authorities on a bilateral or multilateral basis within the framework of the mutual agreement procedure of the treaty concerned”. The Advance Pricing Arrangement (APA) is a tax ruling that gives companies legal certainty about their future intra-group transactions. . . .