TPG2022 Chapter IV Annex II paragraph 73

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A MAP APA applies only to the parties specified in the agreement and in respect of the specified transactions. The existence of such an agreement would not prevent the participating tax administrations from undertaking audit activity in the future, although any audit of transactions that are covered by the MAP APA would be limited to determining the extent of the taxpayer’s compliance with its terms and conditions and whether the circumstances and assumptions necessary for the reliable application of the chosen methodology continue to exist. The affected tax administrations may require the taxpayer to establish that:
a) The taxpayer has complied with the terms and conditions of the MAP APA;
b) The representations in the proposal, the annual reports and in any supporting documentation, remain valid and that any material changes in facts or circumstances have been included in the annual reports;
c) The methodology has been accurately and consistently applied in accordance with the terms and conditions of the MAP APA; and
d) The critical assumptions underlying the transfer pricing methodology remain valid.

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