Finland Corporate Tax Comparative Guide

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4. Results: Answers

Corporate Tax

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Anti-avoidance

5.1

Are there anti-avoidance rules applicable to corporate taxpayers – if so, are these case law (jurisprudence) or statutory, or both?

Finland

Fiscales Ltd

Answer ... Yes, there are statutory anti-avoidance rules.

For more information about this answer please contact: Karri Nieminen from Fiscales Ltd

5.2

What are the main ‘general purpose’ anti-avoidance rules or regimes, based on either statute or cases?

Finland

Fiscales Ltd

Answer ... The main rule is the general anti-avoidance rule, according to which the ‘substance over form’ principle will apply.

For more information about this answer please contact: Karri Nieminen from Fiscales Ltd

5.3

What are the major anti-avoidance tax rules (eg, controlled foreign companies, transfer pricing (including thin capitalisation), anti-hybrid rules, limitations on losses or interest deductions)?

Finland

Fiscales Ltd

Answer ... In addition to the general anti-avoidance rule, other major anti-avoidance tax rules are based on, for example, the EU Anti-Tax Avoidance Directive. There are also separate anti-avoidance rules on disguised dividends.

For more information about this answer please contact: Karri Nieminen from Fiscales Ltd

5.4

Is a ruling process available for specific corporate tax issues or desired domestic or cross-border tax treatments?

Finland

Fiscales Ltd

Answer ... It is possible to apply for an advance tax ruling from the Finnish tax authorities if it is unclear how the legislation might apply to a specific case. However, it is not possible to obtain special tax treatment that is not based on the legislation applicable to all taxpayers.

For more information about this answer please contact: Karri Nieminen from Fiscales Ltd

5.5

Is there a transfer pricing regime?

Finland

Fiscales Ltd

Answer ... Yes. According to the Finnish transfer pricing rules, all related-party transactions must be effected on an arm’s-length basis.

For more information about this answer please contact: Karri Nieminen from Fiscales Ltd

5.6

Are there statutory limitation periods?

Finland

Fiscales Ltd

Answer ... Yes. The general statute of limitations allows for a tax adjustment for a three-year period. However, there are several exceptions to this.

For more information about this answer please contact: Karri Nieminen from Fiscales Ltd

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Corporate Tax