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Ireland Issues Guidance On Seeking MAP Assistance

by Jason Gorringe,, London

08 August 2017

The Irish Revenue has published a new e-brief that explains the procedure through which taxpayers can request mutual agreement procedure (MAP) assistance in Ireland, in cases where a company considers it has been subject to double tax.

The document, published on August 1, discusses the time limit for making a MAP request, the information required to be submitted at the time of making a MAP request, and the factors that the tax authority will consider in determining whether to accept a MAP request. The guidance notes that the Revenue will not commence the MAP process until a complete request for MAP assistance is received.

The guidance also sets out the stages (unilateral and bilateral) of the MAP process and the potential outcomes in a MAP case. It notes that MAP discussions between the Revenue and the other competent authority are a government-to-government process and the taxpayer's involvement in the process is generally limited to presenting its views to both competent authorities and providing the relevant information.

The guidance also discusses situations where the competent authorities may agree to invoke arbitration to resolve MAP cases.

Last, the guidance distinguishes between requests for MAP assistance and requests for correlative adjustments. According to the guidance, where a taxpayer makes a claim for a correlative adjustment, such claims are treated separately by the Revenue to a request for MAP assistance. The guidance states that the Revenue will review the case and will make a correlative adjustment to the profits of the affected company to the extent it considers the adjustment to be arm's length.

TAGS: tax | investment | business | Ireland | tax avoidance | mining | revenue guidance | law | ministry of finance | tax authority | agreements | multinationals | transfer pricing | tax reform | trade

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