Annual Compliance Report on Advance Pricing Agreement
Part A: Particulars ofthe Person | |||
1. | Name: | (refer Note 1) | |
2. | Address: | (refer Note 2) | |
3. | Permanent Account Number (PAN): | (refer Note 3) | |
4. | E-mail Id: | ||
5. | Contact Number: | Country Code | Number |
6. | Authorised Representative: | (refer Note 4) | |
7. | Tax year | ||
Part B: Other Details | |||||
8. | Acknowledgment Number of Advance Pricing Agreement (APA) application: | ||||
9. | Details of adjustment as per APA for each type of covered international transaction: | ||||
Sl. No. | Type | Adjustment required as per Annexure A-1 (refer Note 9) | Amount of adjustment made in the return of income | ||
1. | |||||
2. | |||||
10. | Other details to be provided as separate Annexure: | (refer Note 9) | |||
Verification |
I, , hereby affirm that the information provided in this application is true and correct to the best of my knowledge. I have not concealed any relevant fact. I am submitting this application in my capacity as (designation), holding PAN and I am competent to verify and submit this application. |
Place: Signature:
Date: Name:
Notes:
1. The name shall include full name of the person.
2. The address shall include flat/door/building, road/street/block/sector, area/locality, post office,
town/city/district, state, country/region and pin code/zip code.
3. The communication address in India shall include flat/door/building, road/street/block/sector, area/locality, post office, town/city/district, state and pin code.
4. The details of the Authorised Representatives shall include the full name, address, e-mail and contact number of the Authorised Representatives.
5. The Annual Compliance Report shall be filed for every year covered in the Advance Pricing Agreement (APA). Separate report shall be filed for each year.
6. The information relating to “covered transaction” above is required to be furnished for each covered transac- tion separately.
7. Please attach all documents as agreed upon in the APA to justify the transfer pricing methodology and com- putation ofarm‘s length price.
8. Where the region is a specified territory, the same may be mentioned.
9. The details to be furnished as per annexure are as under: __
Annexure | Particulars | |||||||
A-1 | 1. Computation of adjustment where operating profit margin (OPM) in relation to the Operating Expense is Profit Level Indicator (PLI) | |||||||
Sl. No. | Particulars | Amount | ||||||
1 | Operating Expense as per books of Account | A | ||||||
2 | Add: Expense not recorded in the books of account but are required to be added as perAPA (pl. specify each item separately) | B | ||||||
Nature of Expenses | Amount | |||||||
Less: Expense recorded in the books of account but are not required to be added as per APA (pl. specify each item separately) | C | |||||||
Nature of Expenses | Amount | |||||||
3 | Operating expenses (OE) as perAPA (A+B-C) | D | ||||||
4 | Operating revenue as per books of Account | E | ||||||
5 | Add: Revenue not recorded in the books of account but are required to be added as perAPA (pl. specify each item separately) | F | ||||||
Nature of Revenue | Amount | |||||||
6 Less: Revenue recorded in the books of account but are G not required to be added as per APA (pl. specify
each item separately)
Nature of Revenue Amount
7 Operating Revenue as perAPA (E+F-G) H
8 Operating Profit (H-D) as per APA I
9 Operating profit (E-A) as per books of Account J
10 OPM (I*100/D) as perAPA K
11 OPM (J*100/D) as per books of Account L
M
12 Variance in OPM (K-L)
13 Amount of adjustment required M*D@ N
@ In case 2 or more transactions are aggregated, the total amount of adjustment as per N in the above table
may be shown in any one of the aggregated transactions and for the remaining aggregated transaction the
adjustment amount may be mentioned at NIL if no adjustment is required to be made as per secondary check / other check, if any, as per the APA
2. Computation of adjustment where operating profit margin (OPM) in relation to the Operating Revenue is Profit Level Indicator (PLI)
Sl. No.
Particulars
Amount
1
Operating Expense as per books of Account
A
B
Add: Expense not recorded in the books of account but are required to be added as per APA (pl. specify)
2
A
B
Less: Expense recorded in the books of account but are not required to be added as per APA (pl. specify)
3
C
A
B
Operating expenses (OE) as perAPA (A+B-C)
4
5
6
D
E
F
Operating revenue as per books of Account
Add: Revenue not recorded in the books of account but are required to be added as per APA (pl. specify)
A
B
7 Less: Revenue recorded in the books of account but are G not required to be added as per APA (pl. specify)
A
B
8 Operating Revenue as perAPA (E+F-G) H
9 Operating Profit (H-D) as per APA I
10 Operating profit (E-A) as per books of Account J
11 OPM (I*100/H) as perAPA K
12 OPM (J*100/H) as per books of Account L
M
13 Variance in OPM (K-L)
14 Amount of adjustment required M*H@ N
@ In case 2 or more transactions are aggregated, the total amount of adjustment as per N in the above table
may be shown in any one of the aggregated transactions and for the remaining aggregated transaction the
adjustment amount may be mentioned at NIL if no adjustment is required to be made as per secondary check / other check, if any, as per the APA
3. Computation of adjustment in other cases based on amount paid or payable /received or receivable as per APA (UAPA/BAPA/MAPA)
Sl. Particulars Amount
No.
1 Value of international transaction as per books of A account
2 Value of international transaction as per APA B
3 Amount of adjustment required C
A-2 | Critical Assumptions as per APA: A- General 1 Whether Transfer pricing methodology applied 2 Whether the Business activities remained the same | Whether complied with Yes/No | If no, details thereof |
3 Whether the Financial, tax and accounting methods Yes/No have remained the same
B- Functions performed, assets employed and risk undertaken (FAR)
1 Whether the FAR has materially remained same Yes/No
2 Whether the classification of the Applicant have Yes/No remained the same
C- AE
1 Whether any new AE has been added from a Yes /No
jurisdiction notified under section 176 or is resident
of no tax or low tax jurisdiction as per rule 86(m). | ||||
2 | Whether any AE has become resident of a jurisdiction notified under section 176 or no tax or low tax jurisdiction as per rule 86(m). | Yes/No | ||
D- Invoicing and Credit term | ||||
1 | Whether the frequency of raising invoices by the Applicant was as per APA | Yes/No | ||
2 | Whether the frequency of raising invoices by the AE was as per APA | Yes/No | ||
3 | Whether the invoices were raised by the Applicant as per the time specified in APA | Yes/No | ||
4 | Whether the invoices were raised by the AE as per the time specified in APA | Yes/No | ||
5 | Whether the invoices were realised by the Applicant as per the time specified in APA | Yes/No | ||
6 | Whether the invoices were paid by the Applicant as per the time specified in APA | Yes/No | ||
7 | Whether the applicant has offered interest income in case the invoicing and credit terms have not been complied with | Yes/No | ||
E- Other compliances | ||||
1 | Whether the provisions of 170 have been complied with | Yes/No | ||
2 | Whether the provisions of 177 have been complied with | Yes/No | ||
3 | Whether the segmental accounts have been prepared as agreed | Yes/No | ||
4 | Whether certificate (s) as agreed from management, cost accountant, chartered accountant, chartered engineer and registered valuer have been obtained | Yes/No | ||
5 | Other critical assumptions as per APA not covered above (Pl. specify) (add row, if required) | Yes/No | ||
A-3 | Whether the documentation as referred to in the APA has been maintained and furnished. | Yes/No | If no, details thereof | |
10. Some of the information in the form would be pre-filled to the extent possible.
11. The amount mentioned in this form is to be filled in rupees unless stated otherwise.