Baker McKenzie operates one of the strongest all-round transfer pricing departments in the Netherlands. It assists large MNEs on all documentation, analysis, benchmarking, design, implementation and defence of transfer pricing policies. It has a department containing lawyers, economists and financial analysts, including heads of department Antonio Russo and Margreet Nijhof. Russo, as well as leading the Dutch transfer pricing team, was recently appointed as the new global head of tax for Baker McKenzie.
The team has advised on some of the largest and most high-profile tax audits and tax negotiations, including multijurisdictional audits and highly complex APA negotiations with the Dutch tax authorities. Baker McKenzie also assisted long-term client Adyen on the transfer pricing documentation and policy adaptation needed for its recent $1.1 billion IPO.
Deloitte Netherlands operates industry-specific focus groups within the transfer pricing team, including energy, financial services, consumer and industrial projects and TMT. These teams allow the transfer pricing department to closely understand the specific needs of clients with regards to the design of transfer pricing policies. Sjoerd Haringman is the lead partner of the transfer pricing team. Aart Nolten and Thijs Heijenrath are also notable partners in the team. Nolten is the global head for BEPS for the group while Heijenrath is a member of the global transfer pricing strategy board.
The team recently advised a Dutch multinational on the transfer of IP from its Dutch business to its US business in order to align its business model with BEPS with consideration for US tax reform. The transfer required the firm to design and implement a strategy for the valuation and transfer of the IP, while attaining an advanced ruling from the Dutch authorities.
DLA Piper has a strong presence in the Netherlands for both tax and transfer pricing. The transfer pricing team predominantly advises US multinationals from a variety of industries, as well as providing assistance to a number of Dutch start-ups and SME's. Daan Arends is the leading partner within the transfer pricing team.
EY's transfer pricing team focuses on three core areas: operational transfer pricing, intercompany effectiveness, and intercompany solution design. The firm has a strong presence over the EMEIA region, with the Dutch team fully integrated into this transfer pricing team. The department includes notable practitioners Sveinung Baumann-Larsen and Marcel van den Brink, who was promoted to partner in 2018. It also has a strong focus on providing digital TP systems to clients and has a strategic alliance with SAP for the creation of specific TP applications.
Grant Thornton operates a transfer pricing department of eight professionals in the Netherlands. Partner Charles Marais leads the department, which includes fellow partner Michiel van den Berg, a member of its international transfer pricing advisory committee. With a large international presence through its network, as well as the Dutch firm’s own focus on China, the TP practice has a lot of MNE clients. It offers advice on TP documentation, business restructuring, intercompany financing, permanent establishment identification, dispute resolution and a variety of economic analysis.
The team has assisted a US pharmaceutical company on adapting its transfer pricing policy to mitigate the risk from challenges on its presence as a permanent establishment in numerous jurisdictions. It assisted in the analysis and implementation of a new arm's-length profit allocation mechanism, as well as the reporting and defence of the new mechanism.
Loyens & Loeff is known for its strong transfer pricing practice across the Benelux region, with the transfer pricing department in the Netherlands being one of the strongest in the firm. The team is led by Harmen van Dam, who also leads the international tax services practice group. Mark van Casteren, who spent four years leading the firm’s New York office, is the other notable partner in the team. It also includes a number of prominent economists and financial experts, including Dominique Afink and Jacqueline Jansen. It counsels clients on all fiscal and legal transfer pricing topics.
The firm has assisted a number of financial services clients in regards to aligning the acquisition of shares and real estate with the current arm's-length principle. It uses both a benchmarking and corporate finance approach for valuing the credit risk for clients.
Meijburg & Co Tax Lawyers operates a very large transfer pricing practice in the Netherlands, with more than 60 dedicated professionals working across legal, accounting, economics and valuation. Jeroen Dijkman is the leading partner of the TP practice, with Jaap Reyneveld and Jens Karreman as the other partners in the team. Dijkman, who specialises in TP profit allocation and value chain analysis, is the Dutch member of KPMG and its representative on the firm’s global TP services steering committee. The team offers all TP services, including policy design, analysis and implementation, as well as representation for APA negotiations and litigation.
Jimmie van der Zwaan is the leading transfer pricing expert at Taxand Netherlands. Its transfer pricing practice utilises the international Taxand network to provide assistance to clients on global document preparation and reporting, as well as policy analysis, design and implementation. The Dutch firm also assists clients in a number of transaction structures and negotiations with the authorities on APAs/MAPs.
A former Andersen Tax & Legal firm, Taxperience continues to operate a specialist transfer pricing team. It includes tax advisers including founders Ramon and Ruben Van Aarle, as well as economic and financial advisers including Josine Vos. Through its diversified team, the practice provides clients with all economic and legal opinions related to transfer pricing policy.
The firm has recently been involved in a discussion with the Dutch tax authorities over the transfer pricing assessment of the Dutch subsidiary of its German client. The authorities claimed that the characterisation of the Dutch subsidiary under the group’s transfer pricing policy could not have led to the losses incurred and the Dutch firm was a service provider not a full distributor. Through lengthy discussions with the tax authorities, the firm negotiated with the Dutch authorities to close its tax assessment on the losses, with no adjustment on the losses available for loss compensation.