United States: IRS guidance on review and acceptance of APA submissions
Interim guidance with respect to requests from taxpayers for an APA with the IRS
Interim guidance with respect to requests from taxpayers for an APA with the IRS
The IRS Large Business and International (LB&I) division released a memorandum—LB&I-04-0423-0006 [PDF 187 KB] (April 25, 2023)—providing employees of the treaty and transfer pricing operations practice area interim guidance with respect to requests from taxpayers for an advance pricing agreement (APA) with the IRS.
In particular, the memorandum provides instructions to LB&I employees for implementing the required review of taxpayer APA prefiling memoranda and APA requests, including APA renewal requests, before a determination can be made whether the APA request will be accepted into the advance pricing and mutual agreement (APMA) program.
The guidance applies to APA prefiling memoranda and APA requests, including renewal requests, filed from the date of issuance of the guidance forward.
The guidance will be incorporated into the section 4.60.3 of the IRS Internal Revenue Memorandum (IRM) within two years.
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