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 2025

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

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article