Tax Rulings in the Netherlands (ATR and APA)
In the Netherlands, you have the option to discuss the tax position of your company with the Tax Administration and reach together an agreement regarding the consequences tax-wise. This agreement is binding for the taxpayer and the authorities. It needs to reflect the qualification and interpretation of facts and to conform to the national tax legislation, i.e. it should not contradict it. As of 2004 the policy on rulings is split in two general parts: for advance pricing agreements (APA) and advance tax rulings (ATR), respectively.
Advanced pricing agreements (APA) in the Netherlands
APAs cover the aspects of the arm’s length principle of remuneration and the methodology for transfer pricing. APAs are based on transfer pricing studies. The national tax authorities agree with the taxpayer that the income used for corporate taxation will be determined by such a study.
Advance tax rulings (ATR) in the Netherlands
ATRs cover the tax treatment related to specific circumstances and facts. Usually, ATRs are related to:
- the participation exemption regime (a one-page overview is available);
- the tax consequences with respect to hybrid financing;
- the tax consequences with respect to hybrid entities;
- the presence of permanent establishments in the country;
- the implementation of rules for foreign taxpayers.
When signing an ATR you should carefully go over and confirm the circumstances and facts forming the base of this agreement. If the circumstances and facts change it may be useful to check whether and to what degree the concluded ATR will continue to serve its purpose. Our extensive experience in ATR- and APA-related negotiations guarantees that our clients always get reliable agreements minimizing the probability of surprises.