Germany: Tax risks for management

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Germany: Tax risks for management

rossel.jpg

Carsten Rössel

As in other countries, company directors are under duties of due care, both towards the tax authorities for ensuring that tax liability is correctly declared and towards the shareholders for ensuring that taxes are not overpaid. This latter includes penalties for under or late reporting, so that, at this level, the two duties are not in conflict. However, the current discussion on aggressive tax planning along with the recent tightening of the provisions governing exemption from criminal penalties for tax wrong-doers coming forward of their own volition has encouraged tax auditors to see tax avoidance attempts in estimates or assumptions which they consider to be unfounded. The high cost of refuting such accusations can appear to shareholders as an avoidable expense. The answer is for the directors to protect themselves and their company with an appropriate tax risk management system. This encompasses a complete schedule of all tax filing and payment deadlines together with appropriate backups to ensure compliance in the event of unexpected absence of the individuals responsible. It also includes a complete register of all known tax risks, the measures taken to identify and contain them and full documentation of the position to be taken in the company's defence. This documentation should explain in full the reasons for the position taken. In many ways it is similar to that required under the transfer pricing rules, although it does not demand the same degree of formality. Of particular importance is the establishment of a clear division of duties within top management. Naturally, the system must be monitored.

It should also be realised that outsourcing functions does not absolve management of its compliance duties. This particularly applies to accounting (in agreement with the tax office) and other functions assumed by group shared service centres as these are almost invariably not covered by any form of professional liability insurance.

Carsten Rössel (carsten.roessel@de.pwc.com)
PwC

Tel: +49 211 981-7141

more across site & shared bottom lb ros

More from across our site

As recent surveys suggest a disconnect between AI adoption and employee engagement, the big four risk digging themselves into a strategic hole
Almost three-quarters of surveyed tax professionals are concerned about inaccurate AI outputs; in other news, Dentons hired a partner from CMS to lead its Belgian tax team
Long-running, high-value and complex enquiries are a significant reason for HM Revenue and Customs’s increased TP yield, experts suggest
Landmark legal updates in India have led companies to prioritise specialised tax advisers over accountants, ITR has found
Brazil’s shift to a nationwide consumption tax is more than conceptual; it fundamentally transforms municipal revenue, enforcement, and administrative disputes
While some advisers praised the ruling’s definition of a ‘voucher’ for VAT purposes, a UK partner said the case left unanswered questions
While pillar two has been enacted on paper in Brazil, companies are encountering a range of practical compliance issues, ITR has heard
Moore, founding partner of the Chicago tax boutique which bears her name, shares her career wisdom for ITR’s new Women in Tax interview series
But partners at the firm admit that jumping ship to the US would not be as easy as some believe
Governments are rewriting tax policy for the AI era, deploying digital taxes, tailored incentives and algorithmic enforcement that redefine where value is created
Gift this article