A Dutch company “BR-AGRI B.V.” had transferred functions, assets and risks to a Swiss sister company as part of a business restructuring. The profit resulting from the transfer had been determined by the group to be EUR 1,831,037.
The Dutch tax authorities found that the arm’s length value of the assets transferred was EUR 350 million and issued an assessment of additional taxable profits of EUR 320 million.
An appeal was filed by “BR-AGRI B.V.”.
Judgement of the Court
The Court set the value of the assets at EUR 85 million in accordance with an expert report.
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