Dutch Transfer Pricing Documentation Requirements An
Dutch transfer pricing documentation requirements –An overviewMarch 2016 2015 RSM NL. All Rights Reserved.
ContentsDutch transfer pricing legislationNew Dutch transfer pricing documentation rulesHow can RSM help?About RSM2 2015 RSM NL. All Rights Reserved.
Dutch transfer pricing legislationTransfer pricing documentation requirements: According to Article 8(b) of the Dutch Corporate IncomeTax Act (“CITA”), 1969, Dutch taxpayers are required tomake available the following: Certain information regarding inter-companytransactionsThe relationship between affiliated companies involvedin the transactionHow inter-company prices are calculatedBased on the above transfer pricing documentation, theDutch tax authorities should be able to determine whetherthe relevant inter-company transactions are carried out onarm’s length terms The Dutch transfer pricing legislation does not give a clearindication as to exactly what the minimum requirementsare in terms of transfer pricing documentation. However, inthe explanatory memorandum on the legislation, referenceis made to the OECD Guidelines in this respect The Dutch transfer pricing decree of 14 November 2013,no. IFZ 2013/184M, also provides some guidance on thedocumentation that should be maintained and the optionfor taxpayer to apply the “EU transfer pricingdocumentation” in accordance with the EU Code ofConduct on transfer pricing documentation3 2015 RSM NL. All Rights Reserved.However, on a best practices perspective, it isunderstood that the documentation should include thefollowing: A summary of relevant intra-group transactionsA functional analysisAn industry analysisA summary of the transfer pricing methods andmargins used including evidence that the methodshave resulted in an arm’s length outcomeDetails on companies strategies including criticalassumptionsIntra-group arrangements including criticalassumptionsNew transfer pricing documentation rules: BEPS Action Plan 13 on “Transfer PricingDocumentation and Country-by-Country Reporting”requires Multinational Enterprises (“MNEs”) that meetcertain consolidated turnover thresholds to prepare thefollowing three documents (i.e. the so called 3 tieredapproach): A master file A local file A country-by-country report (“CbCR”) The 3 tiered (“BEPS”) approach has been endorsed bythe Netherlands and was introduced in the Dutch CITAin Articles 29b through 29h as per January 1,2016
BEPS Action 13 in the Netherlands: New Dutchtransfer pricing documentation RulesTransfer pricing documentation requirements – Master File and Local File: EUR 50 million threshold Master File should contain the following information: Information regarding MNE Group’s global business The nature of its activities and its general transfer pricing policy Its worldwide allocation of income and economic activities Local File should contain the following information: Information that is relevant for an analysis of the transfer pricing terms and conditionsapplicable on transactions between the tax payers and Group entities in other statesCountry-by-Country Report: EUR 750 million threshold The CbCR contains An overview per country i.e. aggregate information relating to the amount of revenues, profit(or loss) before income tax, income tax paid, number of employees etc.4 2015 RSM NL. All Rights Reserved.
BEPS Action 13 in the Netherlands: Important terms ofthe Master File EUR 50 million threshold Master File should contain information (blue-print) regarding the following: The MNE Group’s global business The nature of its activities and its general transfer pricing policy Its worldwide allocation of income and economic activities to support tax administrations toassess whether substantial transfer pricing risks exist Should be available in the taxpayer’s administration when tax return is filed for the relevant year May be prepared in either Dutch or English5 2015 RSM NL. All Rights Reserved.
BEPS Action 13 in the Netherlands: Important terms ofthe Local File EUR 50 million threshold Should contain information related to: Description of management structure, reporting lines, description of key local individuals Description of local business, business strategy and competitors Analysis of controlled transactions, including comparability and functional analyses, selectionof transfer pricing methods and tested parties, amount of intra-group payments and receiptsof each category of transaction, and economic analyses; and Information and allocation schedules showing how the data used in applying the transferpricing methodology ties to annual financial statements Should be available in the taxpayer’s administration when tax return is filed for the relevant year Needs to contain all the companies that operate in the country May be prepared in either Dutch or English6 2015 RSM NL. All Rights Reserved.
BEPS Action 13 in the Netherlands: Important terms ofthe CbCR EUR 750 million with an ultimate parent entity of Dutch tax residency CbCR contains a breakdown of revenues between related parties and unrelated parties, profitbefore tax, income tax (paid and accrued), capital , number of employees, tangible assets(excluding cash) The CbCR requirement applies to Dutch headquartered Groups, but could also apply to Groupswhich are headquartered in another jurisdiction in the following specific circumstances: The country where the ultimate parent company is a resident has not introduced similarlegislation with regards to CbCR; or There is no agreement for the exchange of information between this country and theNetherlands; or There is a systematic negligence in the exchange of CbCR between this country and theNetherlands Submission within 12 months after relevant year end The CbCR may be prepared either in Dutch or English Non-compliance may lead to a potential penalty varying from EUR 8.100 (unintentional act) toEUR 20.250 (serious misconduct) in addition to a possible imprisonment in the event of seriousmisconduct7 2015 RSM NL. All Rights Reserved.
Action 13 in the Netherlands: SummaryMaster fileLocal FileConsolidated revenue EUR 50,000,000Consolidated revenue Organizational structure Description of companyactivities Intangibles Financial activities withinthe Group Financial and tax position ofthe MNE Group List of importantagreements, intangiblesand transactions Financial informationregarding specifictransactions Comparability analysis Selection and application ofthe most suitable transferpricing method Economic analysis(benchmark)8 2015 RSM NL. All Rights Reserved. EUR 50,000,000CbCRConsolidated revenue EUR 750,000,000 Revenues (related / thirdparties) Profits before tax Cash tax paid Income tax accrued Stated capital Accumulated earnings Number of personnel Tangible assets other thancash and cash equivalents Description of every Groupentity
How RSM can help?Preparation of master file for the MNE GroupPreparation of local file template for one Group entity (forinstance, Netherlands) to be used as a template for othercountries where MNE Group operatesTailoring the local file template prepared for the above Groupentity into local country files for remaining countries whereMNE Group operatesBeing sparring partner for providing assistance in thepreparation of CbCR for the MNE Group9 2015 RSM NL. All Rights Reserved.
Your trusted RSM advisorsMario Van Den BroekPartner, Transfer Pricing LeaderAmsterdam & New YorkT: 1 914 708 8609E: mvdbroek@rsmnl.nlmvdbroek@rsmnl.nlRishi SapraTransfer Pricing ManagerAmsterdamT: 31 (0) 6 4757 0983E: rsapra@rsmnl.nl10 2015 RSM NL. All Rights Reserved.
RSM InternationalEvery RSM firm,wherever they are inthe world, shares thesame high standard ofquality38,000 MINDS, 760 OFFICES, 120 COUNTRIES, 1 NETWORK.11 2015 RSM NL. All Rights Reserved.
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The Dutch transfer pricing legislation does not give a clear indication as to exactly what the minimum requirements are in terms of transfer pricing documentation. However, in the explanatory memorandum on the legislation, reference is made to the OECD Guidelines in this respect The Dutch transfer pricing decree of 14 November 2013,
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Transfer pricing risk analyses to identify past and/or future risks Headquarter cost allocation service studies Audit defense support for transfer pricing disputes Support with advance pricing agreement (APA) petitions and negotiations Dr. Toros is a Partner in the transfer pricing service line in Deloitte's Istanbul office. Prior
Specific transfer pricing returns (separate or annexed to the tax return) Other (specify): 22 Please briefly explain the relevant requirements related to filing of transfer pricing documentation (i.e. timing for preparation or submission, languages, etc.) The transfer pricing documentation requirements in the French tax law covers all
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22-6 22-19 (35 min.) Multinational transfer pricing, effect of alternative transfer-pricing methods, global income tax minimization. 1. This is a three-country, three-division transfer-pricing problem with three alternative transfer-pricing methods. Summary data in U.S. dollars are: China Plant
the OECD Transfer Pricing Guidelines, as follows: "These Transfer Pricing Guidelines (hereinafter referred to as the Guidelines) are largely based on the governing standard for transfer pricing which is the arm's length principle as set out under the Organization for Economic Co-operation and Development (OECD) Transfer Pricing Guidelines".
OF ARCHAEOLOGICAL ILLUSTRATORS & SURVEYORS LSS OCCASIONAL PAPER No. 3 AAI&S TECHNICAL PAPER No. 9 1988. THE ILLUSTRATION OF LITHIC ARTEFACTS: A GUIDE TO DRAWING STONE TOOLS FOR SPECIALIST REPORTS by Hazel Martingell and Alan Saville ASSOCIATION OF ARCHAEOLOGICAL ILLUSTRATORS & SURVEYORS THE LITHIC STUDIES SOCIETY NORTHAMPTON 1988 ISBN 0 9513246 0 8 ISSN 0950-9208. 1 Introduction This booklet .
