On December 7, 2022, the Transfer Pricing (TP) Committee of the Dutch Association of Tax Advisers (NOB) organized a seminar on the 2022 TP Decree (Decree) and related topics.
In particular, thanks to the participation of the representatives of the Ministry of Finance and the Tax Authorities (CGVP and APA), it was a very insightful and educative seminar on important topics covered by the Decree. A selection of the most important topics that were discussed:
- The rationale behind and view on several topics as included in the Decree.
- Guidance on financial transactions.
- The APA practice in the Netherlands.
- A variety of other material changes such as intra-group services, dynamic or static interpretation, anti-mismatch measures and the burden of proof.
We would like to thank Tomas van den Ouden who represented STP Tax as a speaker and panelist. Special thanks also to the chairman of the day (Rudolf Sinx), the other speakers and panelists (Michel van der Breggen, Eefje Lemmens, Hans van Egdom, Paul Klaassen, Luc Hautvast) and the NOB (Angelique van Streepen and team).
It should be noted that the Decree can be considered the source for the Dutch Tax Administration to determine its position in terms of the application of the arm’s length principle and the OECD Guidelines. It is therefore of great importance to companies to closely follow the guidance of the Decree. In consequence, we would advise companies to evaluate their transfer pricing in light of the guidance of the Decree, especially as year-end is approaching.
