Form explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Form No. 50 is the application an eligible person makes to ask for a pre-filing consultation before applying for an Advance Pricing Agreement. Form No. 51 is the application for the agreement itself, with the application fee, the transactions to be covered, the period and the annexures. This guide explains both as printed in the Income-tax Rules, 2026 (G.S.R. 198(E), notified on 20 March 2026), read with the amending notifications issued up to 22 September 2026.
Under rule 105, an eligible person may apply in Form No. 50 to the Principal Chief Commissioner of Income-tax (International Taxation) for a pre-filing consultation. Under rule 106, an eligible person may furnish Form No. 51 with a fee of twenty lakh rupees; the application goes to that Principal Chief Commissioner for a unilateral agreement and to the competent authority of India for a bilateral or multilateral one. The pre-filing consultation binds nobody and does not mean an application has been made.
The section and the rules
Section 168 of the Income-tax Act, 2025 lets the Board, with the approval of the Central Government, enter into an advance pricing agreement with any person, determining the arm's length price (or the manner of determining it) for an international transaction to be entered into, or the income reasonably attributable to the operations in India of a non-resident. The agreement is valid for the period specified in it, not exceeding five consecutive tax years, and may also cover a period not exceeding four tax years before the first of those years. Sub-section (10) treats proceedings as pending from the application until the agreement is entered into or the proceedings are closed as prescribed. The post on sections 167 to 169 covers the section.
The rules that prescribe the two forms carry no section in their headings; section 168 is named in rule 103, and rules 105 and 106 sit in the same set. The set of rules is explained in rules 103 to 108 on the Advance Pricing Agreement application. For a bilateral or multilateral request, see rule 122.
If your group is considering an agreement, our tax planning advisory team can help you decide the scope, the covered transactions and the sequence of the pre-filing meeting and the application.
Rule 105: the pre-filing consultation
An eligible person applies in Form No. 50 to the Principal Chief Commissioner of Income-tax (International Taxation). The team holds the consultation, and the competent authority of India or a representative joins where a bilateral or multilateral agreement is involved. The consultation determines the scope of the agreement, identifies transfer pricing issues, determines the suitability of the international transaction and discusses broad terms. It neither binds the Board or the applicant to enter into an agreement or begin the process, nor is it deemed to mean the person has applied. Rule 105 does not apply to renewal of an agreement.
Form No. 50
| Part | Rows | What it asks |
|---|---|---|
| A: Particulars of the Person | 1 to 8 | Name, address, communication address in India, PAN, Tax Identification Number in the country or region of residence if available, email ID, contact number, and the authorised representative |
| B: Other Details | 9 and 10 | Type of agreement (unilateral, bilateral or multilateral, one or more); for bilateral or multilateral, whether the country or region of the associated enterprise has an APA programme |
| B | 11 | The international transactions proposed to be covered: type, name of the associated enterprise, location, its taxpayer identification number or equivalent, proposed transfer pricing method, and estimated value for the prior three years if available |
| B | 12 and 13 | Tax years for which the agreement is proposed, including rollback years; other details as a separate enclosure |
A verification states that the information and documents are true, comprehensive and accurate as far as the signatory knows and believes, and gives PAN or TIN and the capacity of the signatory. Note 5 says the transfer pricing methods are those specified in section 165. Note 8 says that where the meeting is asked for on an anonymous basis, no names of the applicant or associated enterprises are to be given, while the authorised representative's name, address, phone and email are mandatory. Note 9 lists annexures A-1 to A-5: the global structure and industry; the business model and overview of the prior three tax years; the functional profile of the applicant and associated enterprises; the history of transfer pricing audits and present status of appeals (with a table of tax year, disputed transaction, adjustment, appellate decisions and status); and the other international transactions not proposed to be covered.
Rule 106: the application and the fee
An eligible person furnishes Form No. 51 along with the requisite fee of twenty lakh rupees. It goes to the Principal Chief Commissioner of Income-tax (International Taxation) for a unilateral agreement and to the competent authority of India for a bilateral or multilateral agreement. The application may be filed at any time before the first day of the first tax year for which the application is made, for continuing transactions already occurring, or before undertaking the transaction for the rest. Rule 106(4) requires proof of payment of fees of twenty lakh rupees with the application. Note 7 of the form refers to the fee under rules 106(1) and 111(5).
Form No. 51
| Part | Rows | What it asks |
|---|---|---|
| A: Particulars of the Applicant | 1 to 7 | Name, address, communication address in India, PAN, email ID, contact number, authorised representative |
| B: Other Details | 8 to 11 | Acknowledgement number of the pre-filing application (anonymous consultations only); type of APA; for bilateral or multilateral, whether associated enterprises have applied in their country (evidence, proposed date, period applied for); the period of the proposed APA and the date from which it is requested |
| B | 12 | International transactions proposed to be covered: transaction ID, type, estimated amount, associated enterprise details, proposed transfer pricing method, and whether rollback is opted for |
| B | 13 | For each transaction where rollback is opted, details of the prior four tax years: date of furnishing the return and the audit report in Form No. 48, pending appeals, and whether the Appellate Tribunal has disposed of an appeal on the arm's length price |
| B | 14 | Fee particulars: application fee and rollback fee, each with amount and transaction reference number |
| B | 15 | Other details as annexures |
The verification affirms that the information is true and correct as far as the signatory knows, that no relevant fact has been concealed, and that the signatory, giving designation and PAN, is competent to verify and submit the application.
The annexures in Note 9 run from A-1 to A-27 under headings: General (history, business description, multinational structure and transaction flows, proposed terms and critical assumptions, business locations with functions and headcount, details of immediate and ultimate parent); Functional Analysis (functional analysis, business strategies, financial statements for the prior five years); Industry and Market Analysis (industry description, competitors, statistics and ratios, critical success factors, market analysis); Transfer Pricing Background (legal considerations, rulings and arrangements with foreign tax administrations, history of audits in India and abroad with status of appeals, agreements, operating data for prior five years); and Transfer Pricing Methodology Analysis (the proposed method, each method applied or rejected, selected methods, application to the prior five years, variance from the method previously applied, and reasons where rollback is not opted).
An example
Brightfield Chemicals India Private Limited buys intermediates from an associated enterprise abroad and wants certainty on the price. It first applies in Form No. 50, naming the type of agreement and the transactions, and attends the consultation. It then files Form No. 51 with the fee, listing each transaction with an ID, opting for rollback for one transaction and attaching annexures A-1 to A-27. For the rollback transaction it fills row 13 for the prior four tax years.
Need help with an Advance Pricing Agreement?
The two applications ask for a large amount of group-level information, and the fee and the filing window are set by the rules. Our tax planning advisory team can help you plan the consultation, assemble the annexures and review the application before it goes in.
Key takeaways
- Form No. 50 asks for a pre-filing consultation; the consultation is non-binding and is not an application.
- Form No. 51 is the application for the agreement, with a fee of twenty lakh rupees under rule 106(1) and (4).
- Unilateral applications go to the Principal Chief Commissioner (International Taxation); bilateral and multilateral ones to the competent authority of India.
- Form No. 51 asks for rollback details for the prior four tax years and fee details for the application and the rollback.
- Rule 105 does not apply to renewal of an agreement.
Read next
- Rules 103 to 108: Advance Pricing Agreement application
- Sections 167 to 169: safe harbour rules and Advance Pricing Agreement
- Form Nos. 46 and 47: multi-year arm's length price option and accountant's certificate
- Form Nos. 52 and 54: annual compliance report and renewal of an Advance Pricing Agreement
Disclaimer: Based on the Income-tax Rules, 2026 (G.S.R. 198(E), notified on 20 March 2026), read with the amending notifications issued up to 22 September 2026, as consulted on 4 October 2026. It explains the words of the forms and rules only; later notifications, the forms and utilities on the e-filing portal, circulars and the way the tax authorities apply these provisions should be checked. This article is general information, not legal advice; check the official text before acting.