The draft Tax Preferences Reduction Act (Steuervergünstigungsabbaugesetz or StVergAbG), which the German government announced in mid-October, released in early November, and then significantly modified just two weeks later, includes the most important changes in German transfer pricing law since the enactment of the Foreign Transactions Tax Act (Außensteuergesetz or AStG) in 1971. The new measures, passage of which is probable but not certain, represent a legislative response to the Federal Tax Court (Bundesfinanzhof) decision of October 17 2001, which held, among other things, that there is no basis in current German tax law for special transfer price documentation requirements (see articles by Alexander Vögele and William Bader in International Tax Review September 2001 p45 and February 2002 p22). The new rules would apply beginning with fiscal year 2003 (fiscal year 2003/2004 for non-calendar-year taxpayers) and hence take effect almost immediately.
December 01 2002