Germany - New Ordinance on Transfer Pricing Documentation Requirements Provides Detailed Guidance on the Implementation of BEPS Action 13 in Germany
- R. Dawid; I. Ruhmer-Krell; C. (Courtney) Masters; C. Sommer
- International Transfer Pricing Journal, 2017 (Volume 24), No 6
- 23 October 2017
The latest version of the Ordinance on the nature, content and extent of documentation required under section 90(3) of the General Tax Code (Gewinnabgrenzungsaufzeichnungs-Verordnung) (“GAufzV new version”), provides detailed guidance for taxpayers on the implementation of BEPS Action 13 in Germany. This article gives the reader a comprehensive discussion and explanation of the new guidance, and provides a critical evaluation thereof. The authors further put forth their view that certain of the amendments to the GAufzV new version provide requirements that are more restrictive than those of the OECD/G20 recommendations as contained in the Final Report on Action 13. This ultimately increases the risk for taxpayers that their documentation will be deemed unusable by German tax authorities and that – albeit explicitly claimed to the contrary by the German legislator in the justification of the GAufzV new version – they will need increased resources and efforts to comply with the new documentation requirements.