Provocările analizelor de prețuri de transfer și nevoia de certitudine prin acordul de preț în avans
Transfer pricing challenges and how an advance pricing agreement can offer greater certainty

Summary/Abstract: The unprecedented disruption caused by the COVID crisis has had major implications for businesses’ transfer pricing policies. A KPMG survey of financial leaders in companies around the world has shown that many are facing difficulties in preparing accurate transfer pricing documentation for 2020. Companies which face fiscal audits this year are likely to find the experience especially challenging. Advance Pricing Agreements (APAs) are a way for companies to gain added comfort in planning their transfer pricing policies. However, in the current situation there can be problems related to APAs. Those which have already been agreed, and those which are in the process of being agreed, might be based on pre-COVID conditions, which are no longer relevant. To renegotiate an APA, the taxpayer will need to provide clear evidence of long term changes in operations and revenue patterns – temporary difficulties are not considered sufficient. For those aiming to negotiate future APAs, it will be critical first to analyse how COVID has affected the group, as well as any likely future short term and long term changes to the business model and to related party transactions. It could be wise to include a degree of flexibility in the APA to allow for economic uncertainty in the future. Nevertheless, in spite of the complications, a well prepared APA can still offer many companies an added element of certainty, which is especially welcome in the present environment.

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