# Advance Pricing Arrangement in Malaysia — Who Qualifies, What It Costs and How Long the Clocks Are

> How a Malaysian taxpayer applies for an advance pricing arrangement under P.U.(A) 166/2023, why the treaty status of the counterparty decides whether it is unilateral or bilateral, the RM100 million eligibility gate and the fee that doubles if you file late.

- Category: taxation
- Language: en
- Status: published
- Updated: 2026-07-20
- Canonical: https://negaraku.md/en/taxation/advance-pricing-arrangement

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Most advisors describe the advance pricing arrangement as a menu — unilateral if you want it cheap and quick, bilateral if you want treaty protection. In Malaysia there is no menu. Rule 2(2) of the Income Tax (Advance Pricing Arrangement) Rules 2023, P.U.(A) 166/2023, decides for you, and it decides on a single fact: whether the country your related party sits in has an arrangement with Malaysia under s.132 of the Income Tax Act 1967.

Get that wrong and the application is not merely refused. You lose twelve months of lead time, because the clock that matters starts a year before the period you wanted covered.

## What is an advance pricing arrangement?

It is an agreement fixing, in advance, the transfer pricing methodology used to price specified cross-border transactions with related parties over a defined period. A unilateral arrangement is between the taxpayer and the Director General under s.138C(1)(a). A bilateral or multilateral arrangement is concluded between competent authorities under s.132, with the taxpayer as the subject rather than a signatory.

Rule 11 gives it its force: for the covered period, the arrangement is a binding undertaking on the parties that the transfer price is determined in accordance with it. Rule 2(3) still anchors the arm's length price to s.140A, to the Income Tax (Transfer Pricing) Rules 2023 and to the applicable treaty — an APA is a method for applying the arm's length principle, not an exemption from it.

## Which type can I apply for?

| Counterparty | Permitted application | Source |
| --- | --- | --- |
| Related person in a country with a s.132 arrangement | Bilateral or multilateral only | rule 2(2)(a)(i) |
| Related person in a country with no s.132 arrangement | Unilateral only | rule 2(2)(a)(ii) |
| Permanent establishment in Malaysia | Bilateral or multilateral only, filed by the head office | rule 2(2)(b) |

Paragraph 8.2 of the Guidelines closes the escape route: if the bilateral negotiation fails, you cannot convert the application into a unilateral one. In a multilateral case, paragraph 8.3 lets you proceed with the remaining countries if negotiations with one competent authority collapse.

## Who is it actually worth it for?

Paragraph 6.4 of the Guidelines is where most applications die, and it is not in the Rules at all. LHDN will only consider a case where:

- revenue in relation to the business operation of the covered transactions exceeds **RM100 million** of taxable business income; **and**
- the proposed covered transaction exceeds **50 per cent of revenue** for sales, **50 per cent of total purchases** for purchases, or **RM25 million** in total value for anything else.

Financial assistance is measured against the threshold in the transfer pricing guidelines in force. Four further gates apply: the covered transactions must relate to chargeable income, not income exempted under the Promotion of Investments Act 1986 or the Income Tax Act 1967, with separate accounts kept if both exist; a taxpayer under audit or investigation cannot apply until it is settled; a newly commenced business must have operated for at least 36 months, and an established one must have run the relevant activity for at least twelve; and the proposed benchmarking must not cut the operating margin by more than 3 per cent of the average weighted margin where functions, assets and risks are unchanged.

That last condition is the quiet one. It means an APA is not a route to reprice a Malaysian entity downwards.

## What are the stages and how long is each?

1. **Preliminary discussion** with LHDN before anything is filed, to test eligibility cheaply (paragraph 9.2).
2. **Written pre-filing request** to the Department of International Taxation, **twelve months before the first day of the proposed covered period** (rule 4(1), paragraph 9.1), accompanied by a draft outline containing the ten items in rule 4(2) — current transfer pricing documentation, the proposed covered transactions and period, the proposed methodology, the critical assumptions, and at least three years of financial statements and tax computations.
3. **Pre-filing meeting**, after which the Director General notifies you within **14 days** whether you may proceed (rule 4(4)).
4. **Formal application** in the form under s.138C(2) and s.152, within **six months** of that notification (rule 5(1)). Miss it and rule 5(3) deems the application withdrawn — you start again with a fresh request.
5. **Review and negotiation.** The Director General may propose an alternative methodology, or narrow or widen the scope (rule 5(2)). Any request for further information not answered within **30 days** deems the application withdrawn under rule 8(2).
6. **Signing, then annual compliance reporting** within **seven months** of the close of each accounting period in the covered period (rule 14(1)).

If the application is declined, rule 6(3) gives you 30 days to make representations, and the Director General's decision on those representations is final.

**Nobody publishes how long stage 5 takes.** Paragraph 19.1 of the Guidelines says only that it depends on co-operation, complexity and the quality of the information. There is no service standard, and we found no published statistic of concluded arrangements. Plan around the fixed clocks and treat the negotiation period as open-ended.

## How far back can an APA reach?

The covered period is a **minimum of three and a maximum of five years of assessment** (rule 12). Paragraph 16.1 allows a bilateral or multilateral covered period to run beyond five years if the competent authorities agree.

Rollback applies the agreed terms to earlier years, and rule 13(1) restricts it to **bilateral and multilateral arrangements only** — there is no rollback on a unilateral APA. It is capped at three years of assessment immediately preceding the covered period, and rule 13(4) bars it where those years have been audited, where a transfer pricing voluntary disclosure was made, where the matter has been decided by the Special Commissioners or a court, or where amended tax computations are not submitted within 30 days of the arrangement being signed.

Paragraph 23.2 adds the sting: rollback adjustments may still attract the relevant penalty or surcharge provisions, including the s.140A(3C) surcharge. Rollback buys consistency, not amnesty.

## What does it cost?

Rule 23(1) sets the fee, and it is not a single number:

| Trigger | Fee |
| --- | --- |
| Application filed within two months of the rule 4(4) notification | RM5,000 |
| Application filed after two months but within six months | RM10,000 |
| Renewal application | RM5,000 |

All of it is non-refundable, and rule 23(2) makes it payable even if you withdraw. Paragraph 28.4 extends that to a deemed withdrawal and to an application the Director General declines. On top sit any expenses the Director General determines — paragraph 28.3 lists accommodation, travelling and meal allowances, payable within 30 days of the billing invoice.

## Is there an APA framework like the transfer pricing one?

No. The Transfer Pricing Audit Framework effective 31 July 2025 carries the graduated s.113B(4) penalties and the voluntary disclosure surcharge band, and it is the only place those figures appear. We checked the LHDN frameworks index at `hasil.gov.my/perundangan/rangka-kerja/` on 20 July 2026: it carries frameworks for stamp duty audit, e-invoice compliance review, transfer pricing audit, income tax and employer audit, tax investigation and tax collection. **There is no advance pricing arrangement framework.** The penalty position for an APA comes from paragraph 23 of the Guidelines and from the Act itself.

## Common mistakes

- **Treating the type of APA as a commercial choice.** It follows the treaty status of the counterparty, full stop, and a failed bilateral cannot fall back to unilateral.
- **Quoting a flat RM5,000 fee.** It doubles to RM10,000 once you are more than two months past the pre-filing notification, which is a very easy two months to lose.
- **Starting twelve months before year end instead of twelve months before the covered period.** Rule 4(1) is measured from the first day of the proposed covered period.
- **Assuming rollback saves an exposed prior year.** It does not exist on a unilateral APA, and an audit or a voluntary disclosure in that year kills it outright.
- **Applying while an audit or investigation is live.** Paragraph 6.4(e) blocks it until the matter is settled or the appeal decided.
- **Including incentivised income.** Paragraph 6.4(d) excludes income exempt under the Promotion of Investments Act 1986 or the Income Tax Act 1967, including income exempt in the treaty partner.
- **Letting a request for information sit for a month.** Thirty days of silence under rule 8(2) is a deemed withdrawal, and the fee is gone.

## What's next

Confirm the treaty status of every counterparty before you scope anything, because it determines the entire route. Then test the case against paragraph 6.4 honestly — if the covered transaction does not clear the revenue and proportion gates, the answer is contemporaneous documentation done properly, not an APA. If it does clear, count back twelve months from the first day of the period you want covered and work out whether that date has already passed. It usually has, which is why the practical first step is to target the year after next.

## Sources

- Income Tax (Advance Pricing Arrangement) Rules 2023, P.U.(A) 166/2023 — https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/1820056/PUA%20166.pdf (Attorney General's Chambers)
- Advance Pricing Arrangement Guidelines — https://www.hasil.gov.my/wp-content/uploads/malaysian-apa-guidelines-2024.pdf (LHDN)
- Income Tax (Transfer Pricing) Rules 2023, P.U.(A) 165/2023 — https://lom.agc.gov.my/ilims/upload/portal/akta/outputp/1820059/PUA165_2023.pdf (Attorney General's Chambers)
- Income Tax Act 1967 (Act 53), reprint as at 21 May 2024 — ss.132, 138C, 140A, 152 — https://www.hasil.gov.my/wp-content/uploads/20240521-akta-cukai-pendapatan-1967-akta-53.pdf (LHDN)
- Rangka Kerja — index of LHDN audit, investigation and compliance frameworks — https://www.hasil.gov.my/perundangan/rangka-kerja/ (LHDN)

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