Neha Mohan

Senior Associate

Biography

Neha is thoughtful and sincere in her dealings with clients and colleagues. She is a serious sparring partner and creative problem solver who enjoys working with colleagues and external partners to provide timely solutions.

  • Has been working at NovioTax since November 2019.
  • Focuses on cross-border taxation and transfer pricing advice.
  • Has built up a solid foundation in Dutch law through practice.
  • Contributes to blogs and articles for internal and external publications, including the annually updated “Holding Companies” chapter for the Netherlands on the IBFD’s Tax Research Platform.
  • Member of the International Fiscal Association (IFA).
  • Is an aspiring member of the Dutch Association of Tax Advisers (NOB).
  • Worked at PwC (India) and IBFD (Amsterdam).
  • Studied International Tax Law at the University of Amsterdam.
  • Speaks and writes: English and Hindi.

Blogs written by Neha

District Court confirms application of PSM in a client’s TP case

Authors: Gert-Jan Hop, Anneke Francissen, Patrick Schrievers, Lara Manraad, Neha Mohan
The District Court of North Holland issued a judgment in a Transfer Pricing case in which NovioTax represented the taxpayer, defending the application of the Profit Split Method, allocating 70% of the residual profits to the Netherlands and 30% to the PE jurisdiction, against the cost-plus approach (TNMM with 15% mark-up on a restricted cost base) proposed by the Dutch tax authorities. The case demonstrates the importance of comprehensive transfer pricing documentation in dispute resolution.

Importance of robust TP-documentation highlighted in Slovak case

Authors: Neha Mohan
Alongside the importance of a robust and meticulously documented TP-strategy, the case discussed in this blog highlights the need for a well-reasoned comparability analysis based on economically significant factors, rather than outcome-based screening of comparables. The decision of the court also highlights the relevance of carrying out a manual screening of the selected comparables, especially with respect to criteria such as independence (A+, A, A-).

Impact of legal ownership of expensive inventory on PLI – Part I

Authors: Patrick Schrievers, Neha Mohan
In this two-part blog, we analyse a Czech transfer pricing case dealing with a loss-making contract manufacturer and the legal ownership of high-value materials on arm’s length remuneration. Part I comprises a detailed analysis of the case, along with key observations. Part II comprises a summary of the case, followed by a (theoretical) analysis of the allocation of burden-of-proof under Dutch law, i.e., as if the Czech case were a Dutch case.

Cross-border worker creates Permanent Establishment: German case on Art. 5(1)

Authors: Neha Mohan
This blog analyses a German court case wherein a U.K.-based aircraft-engineering company was held to have a permanent establishment at a German airport premises based on an employee of the U.K. company having had ‘at his disposal’ designated facilities for personal use (i.e., a locker in a common room at the airport premises) in connection with rendering aircraft maintenance services between 2008 and 2014.

Strategic Insights into Transfer Pricing: Unveiling Common Audit Red Flags (Part II)

Authors: Patrick Schrievers, Neha Mohan
This blog is the second of our two-part series calling attention to common red flags that stand out for tax authorities during audits. In these blogs, we share our experience with tax audits, specifically pointing out some pitfalls to watch out for while framing TP policies and compiling TP documentation. Our insights are meant to serve as a starting point for companies to assess and refine their approach to TP in order to be better prepared for audits and scrutiny.

Strategic Insights into Transfer Pricing: Unveiling Common Audit Red Flags (Part I)

Authors: Patrick Schrievers, Neha Mohan
This blog is the first of our two-part series calling attention to some easily avoidable perils we encounter in Transfer Pricing documentation. These items are also the “red flags” that stand out for tax authorities during audits. Though there is no such thing as a “bullet-proof TP strategy”, avoiding these red flags can alleviate some pressure from the audit procedure. In general, being prepared with the requisite documentation and engaging proactively with the tax authorities makes the process less stressful.

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