The New Transfer Pricing Decree in the Netherlands
After two years of online events, we hosted a seminar on “The new Transfer Pricing Decree”, at our Amstelveen office on October 6, 2022.
We started with a plenary session, during which we discussed the impact of the new Transfer Pricing Decree for businesses, with a representative from the Dutch Tax Authorities and various guest speakers from the industry. This was followed by a panel discussion with representatives from the business community.
This new transfer pricing Decree was published in the Netherlands on 1st July 2022. The new Decree covers transfer pricing aspects of governmental subsidies, intra-group services and financial transactions including cash pools, guarantees, intra-group loans and financial service companies (“dienstverleningslichamen”). There are still many open questions about this Decree in practice.
The second part of the event included four workshops which went in depth into some sections of the Decree and other recent transfer pricing developments.
Program
08:00 Breakfast
08:30 Intro
08.35 Plenary session
09.15 Panel with Q&A
10.00 Break
10.30 Workshops 1
11.30 Workshops 2
12.30 Lunch
Panelists:
- Jaap Reyneveld, Partner Transfer Pricing, Meijburg & Co
- Jos Druijf, representative from the Dutch Tax Authorities
- Ying Gu, Director, Transfer Pricing & Global Enterprise Model, SABIC
- Marc Kanter, International Tax and Global Transfer Pricing Head, AKZO NOBEL
- Zofia Mika, Transfer Pricing specialist
Workshop A: Economic Analysis for Intercompany Loans under the New Rules: A Practical Perspective by Valentin Krustev (Director Transfer Pricing) & Lennaert Mosk (Senior Manager Transfer Pricing)
The new Dutch TP Decree introduces a number of concepts from Chapter X of the OECD Guidelines, as well as additional considerations for intercompany loans. Meijburg & Co’s financial transactions transfer pricing specialists will discuss what these new rules mean from a practical perspective when pricing loans, guarantees, captive insurances and cash pooling activities.
Workshop B: Finance Services Companies / DVLs and Substance in the new Transfer Pricing Decree by Fred van Horzen (Of Counsel General tax practice) & Janneke Versantvoort (Senior Manager Transfer Pricing)
Are DVLs still possible? When? How? This workshop will elaborate on the examples presented in the new Decree and explain the possible tax and WHT implications.
Workshop C: Considerations on Tax and Operational Transfer Pricing in relation to planned ERP implementation initiatives by Dianne Berry (Partner Transfer Pricing) & Quenton Martes (Senior Manager Business Analytics, KPMG Advisory practice)
How to leverage from finance transformations and ERP implementation initiatives to address Tax and OTP data challenges and integrate OTP into other finance and tax processes.
Workshop D: Global business trends that require you to review your transfer pricing by Jaap Reyneveld (Partner Transfer Pricing), Jeroen Kuppens (Director Transfer Pricing) & Eefje Lemmens (Director Transfer Pricing)
Possible impact of covid, work from anywhere policies, global supply chain disruptions, decentralization and new ESG requirement in your transfer pricing policies.
