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Income Tax Act, 1962 (Act No. 58 of 1962)

Chapter III : General Provisions

Part IA : Advance Pricing Agreements

76E. Pre-application consultation


(1) A prospective applicant must request a pre-application consultation meeting, in the prescribed form and manner.


(2) The Commissioner must arrange a pre-application consultation meeting with the prospective applicant after receipt of a valid request under subsection (1).


(3) The pre-application consultation meeting must—
(a) identify the affected parties, the relationship between the parties, and their countries of residence;
(b) discuss the most recent annual financial statements of the prospective applicant;
(c) discuss the affected transaction that will form part of the advance pricing agreement;
(d) discuss the most appropriate transfer pricing method to apply to the affected transaction;
(e) in the case of a DTA advance pricing agreement, discuss if the prospective applicant or another affected party has consulted with the competent authority of the other country that will be party to an affected transaction;
(f) discuss the applicable fees in section 76D; and
(g) determine further information that may be required from the prospective applicant.


(4) The Commissioner may notify the prospective applicant that the prospective applicant may submit an advance pricing agreement application after—
(a) the pre-application consultation meeting; and
(b) in the case of a potential DTA advance pricing agreement application, after consultation with the competent authority of the other country that will be party to an affected transaction.


[Section 76E of Part 1A of Chapter III inserted by section 10 of  the Tax Administration Laws Amendment Act, 2023, GG49947, dated 22 December 2023]