Last updated: 02-06-2009

Dutch transfer pricing rules for permanent establishments (branches)

For Dutch branches of foreign corporations, or foreign branches of Dutch corporations, the transfer pricing principles apply as well.  However, for these kind of situations the at arm’s length principle is not only relevant for determining transaction prices, but also for determining the profit allocation between a head office and a branch. 

Starting point for Dutch corporate taxation is that a branch is considered an independent company, which should act with related parties on an at arm’s length basis. 

On a transaction level there is an essence no difference between a branch and a Dutch corporation if it comes to the transfer pricing issues.  However, the special relationship between the head office and the branch (no separate legal status) causes some deviations.

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