The planned new corporate sanctions law and the resulting need for tax compliance action
Deloitte Legal Webcast
Webcast in German language.
24. May 2019 from 10:30 to 12:00 clock
German criminal law is about to change: A tightened corporate sanction regime is just around the corner. A corresponding draft bill by the Federal Ministry of Justice is expected soon. This draft bill will probably open up the possibility for the grand coalition in Berlin to tighten the sanctions law for companies - as announced in the coalition agreement – already during the current legislative period. These developments will entail a considerable need for action on the part of companies.
In terms of criminal tax law, the practice already anticipates the upcoming turn of events: In the context of investigations proceedings, the tax authorities no longer only determine the individual guilt of individual responsible persons in the company, but also increasingly focus on the violation of supervisory and organisational duties by management personnel. The aim of such extensions of the investigations being in the desire to open up new possibilities for companies to be fined for alleged systemic tax misconduct.
Against this background, the preventive protection of the company, its executive bodies and employees through an effective tax compliance management system is more important than ever.
In our webcast, we would like to cover the expected contents of the draft bill and the resulting practical need for action for companies in all sectors. As part of our webcast, we will discuss key elements of the planned new regulation, such as the following:
- Compulsory persecution,
- Legal framework for Internal Investigations,
- higher fine limits (up to 10% of group-wide sales are discussed),
- public announcement of corporate sanctions.
Subsequently, the speakers will shed light on the effects of the envisaged new corporate sanctions regime on Tax Compliance Management Systems (Tax CMS) and will explain how the risks associated with the more stringent sanctioning options can be effectively limited by means of expert opinions which are based on Tax CMS.