On 11 May 2020, IRS officials announced certain modifications to procedures for filing documents under Rev. Proc. 2015-40, 2015-35 IRB 236 (mutual agreement procedure (MAP) requests), and Rev. Proc. 2015-41, 2015-35 IRB 263 (advance pricing agreement (APA) requests and APA annual reports).
Pursuant to temporary guidance issued by the Deputy Commissioner, Services and Enforcement (DCSE), on March 27, 2020, any documents requiring the taxpayer’s signature under either Rev. Proc. 2015-40 or 2015-41 may be submitted with either an image of the taxpayer’s signature (scanned or photographed) or the taxpayer’s digital signature created using encryption techniques to provide proof of original and unmodified documentation. Either form of signature is acceptable. Also pursuant to the DCSE guidance, all submissions required by either Rev. Proc. 2015-40 or 2015-41 may be filed electronically; paper copies are not required.
Taxpayers with questions about these modifications may contact the Treaty Assistance and Interpretation Team (TAIT) or the applicable APMA program manager. With regard to questions about pending and executed APAs, APMA is actively discussing various substantive and procedural issues with treaty partners, including such technical issues as the application of transfer pricing methods in periods of economic distress and the impacts of current economic conditions on specific industries, types of taxpayer, regions, etc. Stakeholders wishing to discuss these and other general issues with APMA are asked to contact the appropriate APMA Assistant Director.
