Mutual Agreement Procedure

The mutual agreement procedure (‘MAP’) is an administrative procedure for resolving difficulties/issues related to the interpretation, application and elimination of taxation not in accordance with the Double Taxation Conventions (DTC) concluded by Bulgaria or the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (90/463/EEC) (‘Arbitration Convention’). The procedure is conducted between the competent authorities of the Contracting States and the taxpayers are not directly involved in it but are notified in a timely manner about its progress and outcome.

Legal Basis

The legal basis for conducting the procedure are the provisions on the mutual agreement procedure provided for in the relevant DTC or in the Arbitration Convention.

All DTCs concluded by Bulgaria provide for MAP provisions. These provisions are based on the Model Tax Convention of the Organization for Economic Cooperation and Development (OECD), with some deviations from this Model existing in a limited number of conventions.

The Arbitration Convention applies to avoid double taxation where, based on a transfer pricing adjustment, profits   which   are   included   in   the   profits   of   an   enterprise   of   a   Contracting  State  are  also  included  or  are  also  likely  to  be  included  in  the  profits  of  an  enterprise  of  another  Contracting  State. The Convention also applies to the attribution of profits to a permanent establishment.

Initiation of mutual agreement procedure

Taxpayers who consider themselves subject to a taxation which does not accord with the applicable DTC or the Arbitration Convention may file a request to initiate a MAP. In Bulgaria, mutual agreement procedures are dealt with by the Director of the Tax Treaties Directorate at the NRA Head Office. The request for MAP assistance should be addressed to the Director of the Tax Treaties Directorate and should be submitted to the following address: 

Tax Treaties Directorate, Head Office of the NRA, 52, Knyaz Dondukov Blvd., 1000 Sofia.

Guidance on the Application of the Mutual Agreement Procedure in Bulgaria