Germany: Tax risks for management

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

Countries which care about fair taxation of tech multinationals and equitable global distribution of wealth should back the UN’s tax framework, writes economist Abdelmalek Riad
The cuts disproportionately affected staff in certain positions, the report also found; in other news, MHA announced the €24m acquisition of Baker Tilly South East Europe
The plan aims to improve the efficiency, transparency, and effectiveness of direct tax administration in India
Meanwhile, South Africa’s finance minister has accepted a court decision on suspending a VAT increase and US President Donald Trump mulls a 100% tariff on foreign films
Jaime Carey speaks about the benefits of his tax background, DEI values, the use of AI for a smarter legal practice, and other priorities that will define his presidency
Historically low levels of attrition over consecutive years made a ‘difficult decision’ necessary, PwC has reportedly said
WTS Global is also vetting new potential member firms in Algeria, Cote D’Ivoire and Benin, Kelly Mgbor tells ITR in an exclusive interview
The scope of qualifying pillar two tax credits could reportedly be broadened; in other news, hundreds of IRS appeals staff are to resign
For many taxpayers, the prospect of long-term certainty that a bilateral APA offers can override concerns about time, cost and confidentiality
Levine, who served under the Joe Biden administration, led the US’s negotiations on the OECD’s two-pillar solution
Gift this article