Finland looks to limit the deductibility of interest

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Finland looks to limit the deductibility of interest

finland2.jpg

The Finnish government has released a draft bill to limit the deductibility of interest expenses in corporate taxation. The goal of the proposed regulation is to secure Finland's tax base and to balance competition between domestic and foreign groups of companies

juusela.jpg

Janne Juusela

Interest expenses are widely deductible in business taxation and only applying the transfer pricing regulation or the general provision for tax avoidance can restrict deductibility. Applying the new proposed limitation will not require any intention of tax avoidance or deviation from the arm's-length principle, but it will be applicable as a general rule. According to the draft, limitations would be applicable to corporations, partnerships, corresponding foreign entities and their permanent establishments in Finland. The limitations would be applied only if the interest expenses exceed the interest income received by the company, as in if the company has net interest expenses.

Interest paid to a related party would become non-deductible if the net interest expenses exceed 30% of the company's EBITDA. In the proposed regulation, group contributions would be included in EBITDA.

The related parties are defined similarly as in the Finnish transfer pricing regulation. This means that parties are deemed to be related, if the other party has directly or indirectly control over the other.

Also interest paid to a third party could be regarded as a related party interest in situations such as back-to-back arrangements or when a related party has secured a third party loan with a collateral. Applying limitations in these indirect situations would require a connection between the interest paid to the third party by the debtor and the collateral given to the third party by the related party.

According to the draft, a general safe haven of always deductible €500,000 ($650,000) would apply. This amount would include all interest expenses, whether paid to related parties or not.

The proposed regulation would allow an indefinite carry forward of non-deductible interest expenses. The use of the interest carried forward would require unused EBITDA in the fiscal year of use. Change of ownership would not affect the possibility to carry non-deductible interest expenses forward.

Janne Juusela (janne.juusela@borenius.com)

Borenius – Taxand

Tel: +358 9 615 333

Website: www.borenius.com

more across site & shared bottom lb ros

More from across our site

The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Taylor Wessing, whose most recent UK revenues were at £283.7m, would become part of a £1.23bn firm post combination
China and a clutch of EU nations have voiced dissent after Estonia shot down the US side-by-side deal; in other news, HMRC has awarded companies contracts to help close the tax gap
An EY survey of almost 2,000 tax leaders also found that only 49% of respondents feel ‘highly prepared’ to manage an anticipated surge of disputes
The international tax, audit and assurance firm recorded a 4% year-on-year increase in overall turnover to hit $11bn
Awards
View the official winners of the 2025 Social Impact EMEA Awards
CIT as a proportion of total tax revenue varied considerably across OECD countries, the report also found, with France at 6% and Ireland at 21.5%
Erdem & Erdem’s tax partner tells ITR about female leader inspirations, keeping ahead of the curve, and what makes tax cool
ITR presents the 50 most influential people in tax from 2025, with world leaders, in-house award winners, activists and others making the cut
Cormann is OECD secretary-general
Gift this article