Amendment Transfer Pricing Adjustment Provision Announcement 9 December 2021

The Finnish parliament approved an amendment to the legislation on transfer pricing adjustment on 9 December 2022. The legislative change entered into force on 1 January 2022. The amendment to the legislation is proposed to clarify the regulation concerning the national transfer pricing adjustment provisions. The amendment to legislation concerning the new subsections 2 and 3 of section 31 of the Act on Assessment Procedure (AAP) allows the tax administration to adjust a related-party transaction according to its factual substance and to disregard the transaction in exceptional circumstances. The legislative change thus clarifies the scope of the regulation. It has also broadened the scope of the national arm’s length principle contained in section 31(1) of the AAP. The change in legislation thus has an actual impact on the legal state compared with the previous decision-making practice of the Supreme Administrative Court from 2014 to 2021.