Patricia Lewis Explores Mock APA/MAP Case at ABA May Tax Meeting

Throughout the 2021-2022 TPc2B program year, 14 pairs of student mentees and corporate tax professional mentors have “met” periodically to discuss practical aspects of transfer pricing and tax for
multinational corporations. The mentees have gained insight into how the concepts they’re learning in class operate on the ground, and the mentors have relished the opportunity to share their experience with next generation practitioners. The program culminates in this Capstone exercise for the mentees: a mock competent authority meeting regarding a U.S. taxpayer’s request for MAP relief and a bilateral APA for its long-standing Indian tax audit. The U.S. taxpayer team must convince the APMA team and the Indian Competent authority team that its tax return position has merit and should be sustained, notwithstanding the very different arguments and position taken by the Indian tax authority. The APMA and Indian Competent Authority teams must negotiate in good faith to relieve double taxation and provide prospective certainty. What will the result be, and will it be arm’s length(ish)? As the three teams debate the issue in this 90-minute exercise, the audience and an expert panel can ask questions and vote for the final result. A short networking session among the students, panelists and audience will follow.