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Germany transfer pricing documentation checklist

March 08, 2010



Stephan Schnorberger and Juliane Rosenkranz of Baker & McKenzie outline the German transfer pricing documentation requirements and strict penalty regime.

The German legislature has introduced a statutory obligation to document transfer prices and the arm’s length nature of those for tax years beginning 2003 in section 90 subsection 3 of the General Tax Act (GTA). The statute provides that taxpayers are required to maintain documentation regarding cross-border transactions with related parties. The documentation obligation also covers headquarter-permanent establishment dealings (see Schnorberger, World Finance Sept./Oct. 2005, p.48-50).

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