Recent problems of definition and taxation of German permanent establishments

Journal
Author
Dehnen, P.H.; Bacht, S.
Country
Germany
Published Date
Issue
Bulletin for International Taxation 2005 (Volume 59), No. 10
FormatPDF
EUR
45
| USD
50 (VAT excl.)

The definition of permanent establishment (PE) varies from country to country, but the main problem in the tax area is the same: economically, a PE is simply part of a cross-border company, but for tax purposes, it is to be treated as a separate entity, at least according to the OECD's new approach, which is often referred to as the "separate enterprise theory". This article examines the German definition of PE as well as the difficulties arising from this definition in national and international contexts. The OECD's new approach and its implications for the taxation of a PE in Germany or the PE of a German company abroad are also analysed.