Background:
Transfer pricing is often described as not an exact science. It involves a high degree of judgement, influenced by facts, functions, risks, and economic circumstances that vary across transactions and jurisdictions. Given this inherent subjectivity, it is not uncommon for tax authorities and taxpayers to arrive at different conclusions on arm’s length pricing.
For multinational enterprises (MNEs) and transnational corporations (TNCs), such divergences can have a significant financial impact. Large volumes of controlled transactions combined with differing interpretations of transfer pricing principles often result in prolonged audits, deficiency tax assessments, double taxation, and costly litigation.
At the same time, transfer pricing has historically been misused by MNEs as a mechanism to Base Erosion and Profit Shifting (BEPS), prompting tax authorities globally to strengthen their enforcement frameworks.
Evolution of APAs Globally
As global trade expanded in the late 20th century, traditional post-facto audits proved inefficient in addressing transfer pricing disputes. Recognizing this, tax authorities began exploring proactive mechanisms to enhance certainty.
The concept of an APA originated in the late 1980s, with Japan introducing a formal framework in 1987, followed by the United States Internal Revenue Service (IRS) in the early 1990s. The first APA was concluded in January 1991, and the IRS formally launched its APA programme through Revenue Procedure 91-22.
Over time, several jurisdictions including the United Kingdom (1999) and India (2012) adopted APA regimes. The OECD has since endorsed APAs in its Transfer Pricing Guidelines, particularly encouraging bilateral and multilateral APAs to prevent double taxation.
The core objective of APAs has remained consistent globally: to provide certainty and predictability by agreeing on transfer pricing methodologies in advance, thereby reducing disputes and litigation.
A step towards tax certainty – UAE perspective
With the introduction of Federal Decree-Law No. 47 of 2022 (UAE Corporate Tax Law), effective from June 2023, the UAE also laid the foundation of transfer pricing principles into its corporate tax framework. Notably, UAE transfer pricing provisions apply to both cross-border and domestic related party transactions.
Article 59 of the UAE Corporate Tax Law provides the statutory basis for taxpayers to seek clarifications from the Federal Tax Authority (FTA) and contains the earliest legislative reference to the possibility of entering into APAs. This provision signalled the UAE’s intention to adopt APAs as a tax certainty tool.
Subsequently:
FTA Decision No. 2 of 2025 referenced APAs as part of administrative procedures
Cabinet Decision No. 174 of 2025 introduced APA-related service fees
Cabinet Decision No. 65 of 2020, as amended, consolidated the fee framework effective 1 January 2026
Most recently, the FTA issued an APA Guide outlining the procedural framework for APAs in the UAE.
What is APA?
An APA is an agreement between a taxpayer and the tax authority that determines, in advance, the arm’s length pricing methodology for controlled transactions over a specified period. Its objective is to mitigate transfer pricing risks and avoid future disputes and litigation.
Types of APAs
Unilateral APA: An agreement between a taxable person and the FTA, applicable to domestic or cross-border controlled transactions. It provides certainty only from a UAE Corporate Tax perspective and is not binding on foreign tax authorities.
Bilateral APA: An agreement reached between the competent authorities of two jurisdictions through the Mutual Agreement Procedure (MAP), offering protection against double taxation.
Multilateral APA: An agreement involving more than two jurisdictions, providing comprehensive certainty across all participating tax authorities.
The FTA is adopting a phased approach. Currently, applications are accepted only for unilateral APAs covering domestic controlled transactions from December 2025. Cross-border unilateral APA applications are expected to commence in 2026.
Presently, application or information are required to be submitted vide email (apa@tax.gov.ae). However, online submission via EMARA Tax portal shall be announced in the due course.
Eligibility Criteria:
APAs are intended for cases involving material and complex transfer pricing risks. Generally, taxable persons must have:
Total or expected arm’s length value of controlled transactions of at least AED 100 million per tax period
Significant uncertainty in determining arm’s length pricing
Key considerations include:
Transactions subject to safe harbour are excluded
Domestic transactions may qualify where differential tax rates apply (e.g. transaction between Qualifying Free Zone Persons and mainland entity)
The FTA may accept applications below the threshold where strong justification exists
Government Fees:
Fresh APA application: AED 30,000
Renewal of APA: AED 15,000
(Non-refundable)
Stages of an APA:
Stage 1: Pre-filing consultation
A preliminary phase to assess suitability. The FTA may request multiple meetings depending on complexity. Typically:
A person shall be notified about the results of initial assessment within 60 business days
Any additional information required by the FTA must be provided within 40 business days
Upon acceptance, the APA application must be filed within the prescribed timeline.
Stage 2: Filing of an APA application
The application is reviewed in detail and may involve site visits, interviews, and additional data requests. Applications may be rejected for reasons including inadequate economic analysis, inconsistencies between contracts and conduct, insufficient records, tax avoidance concerns, or significant business volatility.
Stage 3: Evaluation and negotiation
The FTA prepares its transfer pricing analysis covering most appropriate method selection, pricing criteria, and critical assumptions. The taxpayer has 30 business days to provide feedback. If consensus is not reached, the application may be closed without refund of fees paid.
Stage 4: Conclusion and Implementation
Once agreed, the APA becomes binding on both parties. Annual compliance declarations are required, and changes in Corporate Tax Group composition must be promptly notified. APAs may be revoked retrospectively or cancelled prospectively, depending on circumstances.
Renewal of APA
Renewals may be sought where there are no material changes to facts, transactions, or assumptions. The renewal process is streamlined, with no requirement for a fresh pre-filing consultation.
Conclusion
The introduction of APAs marks a significant evolution in the UAE’s transfer pricing landscape. While the programme is currently limited in scope, it reflects the FTA’s broader commitment to tax certainty, transparency, and alignment with international best practices.
For MNEs and large domestic groups with complex intercompany arrangements, APAs represent a strategic opportunity to proactively manage transfer pricing risk in the UAE.
References:
FTA Decision 2 of 2025: https://tax.gov.ae//Datafolder/Files/Legislation/FTA-Decision-No-2-of-2025.pdf
Disclaimer: Content posted is for informational and knowledge sharing purposes only, and is not intended to be a substitute for professional advice related to tax, finance or accounting. The view/interpretation of the publisher is based on the available Law, guidelines and information. Each reader should take due professional care before you act after reading the contents of that article/post. No warranty whatsoever is made that any of the articles are accurate and is not intended to provide, and should not be relied on for tax or accounting advice.
Contributor
CA Keshav Jha is a qualified Chartered Accountant and a commerce graduate with over 5 years of experience in Transfer Pricing and Corporate Tax. He is presently working with PKF UAE as an assistant manager. He has hands on experience of tax advisory, transaction restructuring, transfer pricing benchmarking, preparation of local file and master, CbCR and tax litigation.
