On March 11 1999 the Supreme Court allowed a double deduction of expenses, once for Japanese and once for Dutch corporate income tax purposes. However, to put the case in context, it is first necessary to provide some background information on transfer pricing and explain the concept of an informal capital contribution in the Netherlands. Dutch tax law does not contain specific provisions regarding transfer pricing. Taxable profits are determined by applying the general rules detailed in Articles 7 and 9 of the Dutch Income Tax Act, and there is a wealth of case law in this respect.
April 30 1999