The Newly Updated Dutch Transfer Pricing Guidance, Part 2: Treatment of Intercompany Financial Transactions

Clive Jie-A-Joen, Monique van Herksen

Research output: Contribution to journalArticleProfessionalpeer-review

Abstract

On July 1, 2022, a new Dutch Transfer Pricing Decree, identified as Decree No.2022-0000139020 dated June 14 (hereinafter ‘‘new TP Decree’’) was published in the Gazette. Perhaps the most material change or update in the new TP Decree is the inclusion of extensive guidance on transfer pricing for financial transactions. The new TP Decree largely copies new Chapter X of the OECD Transfer Pricing Guidelines (OECD TPG) in this respect, but also presents an approach that deviates from previous practice and Dutch case law. As the Dutch Tax Authorities (DTA) apply a dynamic interpretation to the OECD TPG, they may very well consider the guidance on transfer pricing for financial transactions as ‘‘further clarifications’’ of the application of the arm’s-length principle rather than new rules. Whether that will be feasible is still to be seen. In this second part, the authors discuss the newly inserted transfer pricing guidance and positions of the DTA on financial transactions, as it applies to loans, cash pooling, guarantees, and captive insurance.
Original languageEnglish
Number of pages7
JournalTax Management International Journal
Volume51
Issue number8
Publication statusPublished - 2022

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