Back Share

Filing APA application

Information that must be attached:

  1. Request with a description of the respective transactions, indication of the arm’s length price, value or return and the period to be covered by the agreement. Besides, expressly indicate, if you authorize the SII to publish the criteria, economic, financial, and commercial reasons, among others, as well as the methods that will serve as the basis for the eventual agreement. The mandate or power that authorizes them to make this presentation must be attached, whether it is recorded by a public or private instrument. For natural persons, a copy of their identification card must be attached.
  2. Identification of the related parties that will be involved in transactions as described in the APA application.
  3. Description of the group’s organizational structure, including parents entities, controlling companies, subsidiaries, agencies, or any other companies directly or indirectly related to the applicant and domiciled abroad.
  4. An 8-column trial balance, itemized to a sub-account level, presented on foliated paper stamped by the SII, and signed by the applicant’s legal representative and must cover the last two fiscal years prior to the application filing.
  5. Applicant’s audited financial statements with explanatory notes, if they have been issued and audited at that time, covering the last two fiscal years prior to the application filing.
  6. Copies of the contracts for transactions involving foreign related parties included in the APA application (e.g., distribution agreements, manufacturing, use of intangibles, financial transactions, and service agreements). If the contracts are in languages other than Spanish, a simple translation into Spanish must be included.
  7. Indentification of the entities owning intellectual property rights to patents, trademarks, or any other intangible assets, to the extent that they have direct or indirect impact on the transactions covered by the APA application.
  8. Information on any other APAs or mutually agreed procedures already existing or being currently processed involving any of the group entities involved directly or indirectly with the transactions covered by the present APA application.
  9. A transfer pricing report.
  10. Any other aspect that the taxpayer considers relevant to the analysis of the transactions covered by the agreement.

For more information regarding what the transfer pricing study should contain, consult frequently asked questions.