A new Dutch Transfer pricing Decree was issued. This decree is dated June 14th, nr. 2022-0000139020, replaces the decree of the State Secretary of Finance of April 22, 2018, no. 2018-6865, (2018 TP decree). Among other things, this new decree focuses on recent developments that have led to changes in the OECD guidelines but also the impact of the COVID-19 pandemic.
Important changes compared to the previous decree are:
- Significant amendment of the section 9 on financial transactions;
- Amendment of Section 6 of this Decree on Intragroup Services;
- Extension of the section on government policy to include a section on support measures from the government in response to, for example, the COVID-19 pandemic (section 2.8); and
- Textual changes to make the terminology more consistent with the terminology as used in the OECD guidelines and Dutch laws and regulations.
Particularly section 9 on financial transactions includes new guidance that is expected to impact many multinationals. During our webcast of July 14th, 2022, we elaborated on the new decree and the most important items for companies to consider.