Advance Pricing Agreements and the Principles of Legality and Equality: The Problems Surrounding Contracts in Tax Law

Journal
International
International Transfer Pricing Journal 2014 (Volume 21), No. 4
This article approaches the issue of advance pricing agreements created to serve as an alternative mechanism for resolving problems arising under the applicable transfer pricing regime. While APAs can be a very advantageous alternative, they are limited by the principles of legality and equality – limits which are addressed here in order to ascertain the acceptable scope of the functioning of an APA in a system that respects the safeguards of taxpayers as a whole.