| Image credits: Berlin, World clock, Alexanderplatz Image by WagnerAnne.
The German transfer pricing landscape is undergoing significant changes effective January 1, 2025, including stricter submission deadlines, expanded documentation requirements, and higher penalties for non-compliance.
KEY CHANGES IN COMPLIANCE
1. Shortened Submission Deadlines
-
Local and Master Files: 60 days reduced to 30 days.
-
Extraordinary Transfer Pricing Documentation: Remains at 30 days.
2. Expanded Authority to Request Documentation
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Documentation requests no longer limited to tax audits.
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Examples of additional triggers: annual tax assessments, APA applications.
3. Mandatory Submissions During Tax Audits
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Automatic submission requirements for specific documents.
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Details on the 30-day deadline for Local File submission upon request.
4. Introduction of Transaction Matrix
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Mandatory as part of Transfer Pricing Documentation under BEG IV.
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Overview of required content and associated penalties.
RECAP OF TRANSFER PRICING DOCUMENTATION REQUIREMENTS
|
Requirement |
Threshold/Trigger |
Deadline |
Details |
|---|---|---|---|
|
Local File |
Tangible goods > €6M or other transactions > €600K annually |
30 days after request |
Includes cross-border transactions; must be ready proactively. |
|
Master File |
Group revenue > €100M in preceding fiscal year |
30 days after request |
Required for large multinational groups. |
|
Extraordinary Documentation |
Extraordinary transactions (e.g., restructuring, cost allocation agreements) |
6 months after fiscal year-end |
Covers long-term contract changes, asset transfers, or shifts in company risks/functions. |
|
Transaction Matrix |
All intercompany transactions |
30 days after request |
Failure to submit timely results in €5,000 penalty. |
PENALTIES FOR NON-COMPLIANCE
|
Type of Non-Compliance |
Penalty Amount |
|---|---|
|
Failure to submit documentation |
Minimum fine: €5,000; 5–10% of additional income assessed, if > €5,000. |
|
Inadequate documentation submission |
Treated as non-submission; same penalties apply. |
|
Delayed submission |
Up to €1,000,000, but at least €100 per full day of delay. |
|
Failure to submit Transaction Matrix |
Fixed penalty of €5,000 for late or missing submission. |
