Introduction to Transfer Pricing in the Turkey-Germany Context
Transfer pricing refers to the prices set for transactions between related parties — such as a parent company in Germany and its subsidiary in Turkey. Tax authorities in both countries scrutinize these transactions to ensure that profits are not artificially shifted to lower-tax jurisdictions. With Turkey’s growing role as a manufacturing and service hub for German corporations, transfer pricing compliance has become increasingly critical.
Legal Framework in Turkey
Turkey’s transfer pricing rules are governed primarily by Article 13 of the Corporate Tax Law No. 5520 and the General Communiqué on Disguised Profit Distribution via Transfer Pricing (Serial No. 1). These regulations are broadly aligned with the OECD Transfer Pricing Guidelines, which Turkey officially adopted.
Key requirements under Turkish law include:
Arm’s Length Principle: All transactions between related parties must be conducted as if the parties were independent entities dealing at market prices.
Documentation Requirements: Turkish taxpayers with related-party transactions must prepare annual transfer pricing documentation. Large taxpayers (those subject to the Large Taxpayers Office) must submit a Transfer Pricing Report together with their annual corporate tax return.
Country-by-Country Reporting (CbCR): Turkish entities that are part of multinational groups with consolidated revenues exceeding EUR 750 million are required to file Country-by-Country Reports with the Turkish Revenue Administration.
Legal Framework in Germany
Germany has one of the most comprehensive transfer pricing regimes in the world. The key legal basis includes § 1 AStG (Foreign Tax Act) and the administrative guidelines (Verwaltungsgrundsätze). Germany requires detailed documentation under the German Transfer Pricing Documentation Regulation (GAufzV), which mandates a master file (Stammdokumentation) and a local file (Landesspezifische Dokumentation) in line with OECD BEPS Action 13.
German tax authorities (Betriebsprüfung) conduct regular transfer pricing audits, particularly for transactions with countries perceived as lower-tax jurisdictions — including Turkey. Failure to maintain proper documentation may result in income adjustments and surcharges of up to 5–10% of the adjusted amount.
The Turkey-Germany Double Taxation Treaty
Turkey and Germany have a Double Taxation Avoidance Agreement (DTAA) in force since 1989, updated through protocols. This treaty is critical for structuring intercompany transactions as it:
– Limits withholding tax on dividends to 5% (for shareholdings ≥ 25%) or 15% (others)
– Caps withholding tax on interest payments at 10%
– Sets withholding tax on royalties at 10%
– Provides a mutual agreement procedure (MAP) for resolving transfer pricing disputes between the two tax authorities
Common Transfer Pricing Methods
Both Turkish and German regulations recognize the following OECD-approved methods for determining arm’s length prices:
Comparable Uncontrolled Price (CUP): Compares the price in a controlled transaction to the price in a comparable uncontrolled transaction. Most preferred by tax authorities when reliable comparables exist.
Cost Plus Method: Widely used for manufacturing entities in Turkey supplying goods to German parent companies. The arm’s length price is determined by adding an appropriate markup to the costs incurred.
Resale Price Method: Typically applied to distribution entities.
Transactional Net Margin Method (TNMM): The most commonly applied method in practice due to the availability of database comparables.
Profit Split Method: Applied when both parties contribute unique and valuable intangibles.
High-Risk Transaction Areas
The following transaction types are subject to heightened scrutiny between Turkish subsidiaries and German parent companies:
– Intragroup loans and guarantees: Interest rates must reflect market rates. Thin capitalization rules in Turkey (debt-to-equity ratio of 3:1) may restrict interest deductions.
– Royalty payments: Licensing arrangements for trademarks, patents or know-how must reflect arm’s length royalty rates, supported by benchmarking studies.
– Management fees and service charges: Fees charged by the German HQ for shared services (IT, HR, finance) must be justifiable and documented.
– Goods transactions: Manufacturing and distribution margins must be within arm’s length ranges derived from comparable company databases.
Advance Pricing Agreements (APAs)
Both Turkey and Germany offer Advance Pricing Agreement mechanisms. A unilateral APA in Turkey can be obtained from the Revenue Administration for a period of up to 3 years, providing certainty on the transfer pricing methodology to be applied. Bilateral APAs between Turkey and Germany, processed through the MAP procedure, provide the highest level of certainty but require coordination between both tax authorities.
Penalties for Non-Compliance
In Turkey, disguised profit distribution through non-arm’s length transfer pricing is deemed distributed at the end of the fiscal year, triggering corporate tax adjustments, dividend withholding tax (15%), and tax loss penalties of up to 3x the evaded tax. In Germany, failure to submit documentation within 60 days of request may result in surcharges of 5–10% of the income adjustment, with a minimum of EUR 5,000.
How Smart Outsourcing Can Support Your Transfer Pricing Compliance
Our experienced team provides comprehensive transfer pricing services for German companies operating in Turkey, including:
– Benchmarking studies using international databases (Bureau van Dijk, Orbis)
– Preparation of Turkish and OECD-compliant transfer pricing documentation (Local File, Master File, CbCR)
– Intercompany agreement drafting and review
– APA application support
– Representation during tax audits
Contact us at info@smart-outsourcing.com for a free initial consultation on your transfer pricing structure.
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