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Germany Publishes Joint Statement on the Spontaneous Exchange of CbC Reports with the U.S. for 2020 — Orbitax Tax News & Alerts

On 10 August 2021, the German Ministry of Finance published a joint statement by the competent authorities of Germany and the U.S. on the implementation of the spontaneous exchange of country-by-country (CbC) reports for fiscal years beginning in 2020. Such joint statements were made for 2016, 2017, 2018, and 2019 as well.

The joint statement provides that CbC Reports for fiscal years of MNE Groups commencing on or after 1 January 2020 and before 1 January 2021 will be spontaneously exchanged pursuant to Article 26 (Exchange of Information and Administrative Assistance) of the 1989 Germany-U.S. income and capital tax treaty, as amended. The joint statement also includes that Germany and the U.S. are negotiating an intergovernmental agreement and a competent authority arrangement to allow for the automatic exchange of CbC Reports, but without waiting for the negotiation's conclusion, the competent authorities desire to exchange reports. Note that the intergovernmental agreement for CbC report exchange has already been signed, while the competent authority arrangement has not been finalized.