Announcement 2024-16: APMA program, APA statistics for 2023

25th report describing the experience, structure, and activities of the APMA program

25th report describing the experience, structure, and activities of the APMA program

The IRS today released Announcement 2024-16 providing the Advance Pricing and Mutual Agreement (APMA) program’s annual report on advance pricing agreements (APAs) for 2023.

This is the 25th report describing the experience, structure, and activities of the APMA program. This report does not provide guidance regarding the application of the arm’s length standard.

Announcement 2024-16 [PDF 488 KB] reports that:

  • The number of executed APAs in 2023 was 156 (a record high).
  • In 2023, the percentage of APA renewals executed was 47% (compared to 55% in 2022).
  • As in prior years, more than half of the APAs executed in 2023 involved transactions between non-U.S. parents and U.S. subsidiaries.
  • Although most of the transactions covered in APAs executed in 2023 involved the sale of tangible goods or the provision of services, 18% involved the use of intangible property (noted by the IRS to be among the most challenging transactions in the APMA program’s inventory).
  • The median time required to complete an APA decreased in 2023 to 42 months (versus 43.4 months in 2022).

KPMG observation

The report shows APMA hitting a high water mark in 2023, with a record 156 APAs executed. This is a substantial increase over the prior year, when resolutions suffered from delayed effects of the COVID-19 pandemic, and is well above the previous record of 127 APAs executed during 2020. The APA program’s highly effective results in 2023 are welcome news, especially as taxpayer interest in APAs remains high: 167 applications were filed during 2023.

APA statistics for 2023

 

Unilateral

Bilateral

Multilateral

Total

Applications filed

17

144

6

167

APAs executed

24

130

2

156

APAs pending as of 31 December 2023

44

480

34

558

Renewals executed in 2023

15

59

0

74

Renewals pending as of 31 December 2023

33

139

20

252

Revoked or cancelled in 2023

0

0

0

0

Applications withdrawn in 2023

2

11

0

13

 

For more information, contact a KPMG tax professional:

Mark Martin | mrmartin@KPMG.com

Thomas Bettge | tbettge@kpmg.com

 

 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 3712, 1801 K Street NW, Washington, DC 20006.