The Federal Tax Court has handed down its most important decision yet on German transfer pricing law. Dated October 17 2001 and released in electronic form in mid-November 2001, the new judgment decides an appeal of a December 1998 decision by the Düsseldorf Tax Court that attracted attention primarily because of the lower court's rejection of the use of so-called secret comparables in transfer pricing litigation (see articles in International Tax Review by Alexander Vögele, July/August 1999, p9, and by Thomas Borstell and Michael Prick, April 1999, p9). In May 2001, an interlocutory ruling by the Federal Tax Court in the same matter signalled the high court's unwillingness to uphold the transfer pricing documentation requirements that had been proposed by the German tax authorities (see article by Alexander Vögele and William Bader in International Tax Review, September 2001, p45).
December 01 2001