Germany: Legislative agenda for 2018

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Germany: Legislative agenda for 2018

intl-updates-small.jpg

The German tax legislator made only a few substantial changes to the tax rules relevant for international business during 2017, the notable exception being the introduction of a new rule that will limit the deductibility of royalty payments made to recipients benefiting from a non-nexus intellectual property (IP) regime, which will apply from 2018 (see March issue of the International Tax Review magazine). In addition, the German courts issued some decisions that will require the legislator to introduce new rules, such as the replacement of the restructuring relief previously granted under an administrative practice based on a circular (see April issue of the International Tax Review magazine) and new change-in-ownership rules (discussed below). Most other changes to the tax code addressed procedural issues, such as increased notification requirements for certain business relationships with third countries and certain reliefs, by increasing the thresholds that allow simplified approaches to depreciation/amortisation, documentation, etc.

The outlook for 2018 is impacted by the failed coalition negotiations between the Conservatives, the Greens and the Liberals in November. There still is no federal government in place and no clear perspective on the priorities of the new government for the upcoming year. Nonetheless, some items on the (tax) legislative agenda will have to be addressed that will affect international business.

For example, the change-in-ownership rules must be amended as a result of a decision of the German Constitutional Court, which found certain aspects of the rules to be unconstitutional (see July/August issue of the International Tax Review magazine). The court asked the legislature to draft and implement an amended rule that is in line with constitutional principles by December 31 2018, and that would apply retroactively for the period of January 1 2008 through to December 31 2015.

Germany's main task will be to implement the EU Anti-Tax-Avoidance Directive (ATAD) in 2018. No draft of the implementing legislation has been published to date. Some rules in the ATAD (notably, the interest deduction limitation rules) were adapted from the German Tax Code, so it would appear that Germany may not need to amend the existing rules. Some German rules broadly follow CJEU jurisprudence, so will require only very minor amendments (e.g. the exit taxation rules). However, other measures in the ATAD will require substantive legislative action. Although Germany has had controlled foreign company (CFC) rules since 1972, certain aspects of these rules differ from those in the ATAD. Even if the differences may not be substantial, amending the CFC rules so they are in line with the ATAD will be a complex task as the rules have to be embedded in the overall tax system. Introducing anti-hybrid legislation also will be a major project for 2018 (intra-EU) and for 2019 (when the ATAD2 requires implementation of more comprehensive anti-hybrid legislation covering third-country situations). While the ATAD allows a phased approach, it is expected that Germany will try to implement anti-hybrid legislation as one package in 2018. As the internal alignments within the tax administration and the Ministry of Finance are ongoing, it is not expected that the delay in finding a new federal government will delay the drafting of the rules implementing the ATAD.

Linn

Alexander Linn (allinn@deloitte.de)

Deloitte

Tel: +49 89 29036 8558

Website: www.deloitte.de

more across site & shared bottom lb ros

More from across our site

The proposal seeks to regulate compulsory TP documentation in line with the OECD Transfer Pricing Guidelines and simplify filing requirements
Despite the decline in profitability, the firm’s tax advisory business delivered a 3.4% revenue growth
Firms are making use of inventories and ample profit margins to avoid or absorb the initial impact of higher tariffs, an OECD report said
While UN proposals to shift airline taxation from a residence-based system to a source-state one are not set in stone, ex-British Airways CEO Willie Walsh warns they would increase costs and complexity
Von Wobeser y Sierra’s head of tax shares best practices for resolving tax controversy and touts his firm’s founding partner as an exemplar of legal practice
ITR concludes its analysis of World Tax’s rankings for 2026 by highlighting the firms that stood out most on a global scale
Experts from law firm Kennedys outline the key tax disputes trends set to define 2026, ranging from increased enforcement to continued tariff drama and AI usage
They also warned against an ‘unnecessary duplication of efforts’ in UN tax convention negotiations; in other news, White & Case has hired Freshfields’ former French tax head
Awards
Submit your nominations to this year's WIBL EMEA Awards by 16 February 2026
Defending loss situations in TP is not about denying the existence of losses but about showing, through proactive measures, that the losses reflect genuine commercial realities
Gift this article