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Cross-border tax structures: The notification requirements for cross-border tax structures are now in force – what do you need to be prepared for and what is important? On this page, we would like to give you a quick overview.
EU Directive 2018/822/EU of May 25, 2018 on the EU Administrative Assistance Directive 2011/16/EU (DAC-6 Directive) requires EU member states to introduce a statutory reporting obligation for cross-border tax structures with effect from January 1, 2020. Germany has complied with this requirement through the “Act on the Introduction of an Obligation to Report Cross-Border Tax Structures” of December 21, 2019 (Federal Law Gazette I 2019, 2875).
The main legal amendments were implemented within the German General Tax Code (“AO”; Art. 138d to 138k AO and Art. 33 EGAO as well as the additions to Art. 102 (4) AO through sentence 3 and Art. 379 (2) AO through no. 1e to 1g).
The aim is to “promptly identify and reduce cross-border tax avoidance practices and profit shifting in order to prevent the erosion of the German tax base” (BR-Drucks. 489/19). This, at least, is the official statement of the national legislator. The notification obligation originally envisaged in the draft bill of January 30, 2019, even for purely national tax structures, has not been implemented.
This legislation represents a tidal shift for everyone and yet is part of a general trend – the tax departments of both industry and consulting firms are seeing an ever-increasing impact and therefore a need to develop process-based strategies for (in-house) consulting and documentation. More than ever before, the quality of a tax department’s work is defined by how the results of their advice will be discussed in 10 years’ time. In other words, the goal is to be able to document exactly why a decision was made the way it was in 10 years’ time! The challenge of meeting the specific requirements of DAC 6 lies in an appropriately structured and integrated logic for identifying and implementing the (potential) reporting obligation.
Reliably identifying what needs to be reported and by whom is the linchpin for ensuring compliance. Unfortunately, neither is trivial and regularly requires a case-by-case approach.
As tax advisors, accountants, lawyers and business consultants, we pursue a common goal: to develop a comprehensive and individual approach for you as our client. In doing so, it is of particular importance to always consider problems from all relevant angles.
Our consulting services include the following in particular, similar to the procedure for tax compliance management systems:
The subsequent implementation of the notifications to the Federal Central Tax Office requires a standardized and process-supported application. Ideally, this application allows...:
To this end, we have teamed up with Universal Units (hereinafter referred to as “U2”), a professional and strategic cooperation partner with proven and sustainable expertise in this area and which specializes exclusively in the technical development of corresponding solutions. Work with us to tackle your projects with recognizable added value for your company. We support and advise you throughout the entire project process, contribute our experience from ongoing and completed projects and guide you with regard to the project plan and the use of the tool. We support you both in the area of taxes and in the areas of processes and IT.
Banks, financial service providers and insurance companies are particularly affected by this legislation: Due to their respective economic roles, they are involved in all types of structure to a high degree, so that these institutions can appear as intermediaries, participants and/or users. Dealing with this additional complexity requires in-depth industry expertise, which we are happy to present to you in our Financial Services Tax consulting area.
Ines Paucksch
Partner
German CPA, Certified Tax Advisor
Carsten Hüning
Partner, Global Leader Transfer Pricing
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