New German Transfer Pricing Regulations on Business Restructurings, Documentation Deadlines and Rules for Tax Audits: Overview and Practical Implications

Abstract

Two highly relevant pieces of transfer pricing legislation have been passed in Germany in 2022: The revised Ordinance on Relocation of Functions is expected to increase the number of fact patterns that can qualify as a relocation of functions and it contains stricter rules for exit tax valuation approaches. The revised General Tax Code aims at expediting tax audit processes in Germany by intensifying the system of cooperation most notably via introducing new and adjusted deadlines for tax auditors but also for taxpayers. These are expected to lead to additional pressure on taxpayers and will likely require better transfer pricing documentation processes as well as a higher level of anticipation of potential tax audit questions.