Germany: Global-China cash pooling and transfer pricing implications

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Germany: Global-China cash pooling and transfer pricing implications

andresen.jpg

tao.jpg

Ulf Andresen


Yu Tao

The past year saw major movements towards liberalising the currency of the world's second largest economy, the Chinese Yuan or Renminbi (CNY). Such movements include the simplification of cross-border Yuan transaction procedures by the People's Bank of China, guidance for the Shanghai Pilot Free Trade Zone, and the opening up of global CNY offshore centres including Frankfurt. German multinationals, some with huge accumulated CNY cash surpluses in China have had difficulty with cash repatriation. They now have the opportunity to use their surplus cash by connecting their Chinese and global cash pools. Successful pilot cases have been launched both within and outside the Shanghai Pilot Free Trade Zone (entities in this zone enjoy simplified procedures) and now banks are offering cash pool linkage as a product.

Transfer pricing challenges arise from the determination of arm's-length cash-pooling interest rates for CNY, mainly because of the co-existence of onshore and offshore interest and currency exchange systems. The two markets deliver different third-party benchmarks and mixed opportunity costs for the fund providers. On the other hand, fund users are able to borrow alternative free-trade currencies at lower interest rates. Here the rate difference is primarily driven by the evolving outlook of CNY exchange rates. This situation is further complicated by the mismatched expectations of the German and Chinese tax authorities on intercompany financing interest rates, built up from their historical experience. German multinationals that are interested in exploring this cash-pooling mechanism need to consider a number of transfer pricing factors, including the selection of benchmarked markets, identification of opportunity costs, hedging policy and costs, appropriate documentation, as well as the implication of the Chinese thin-capitalisation and German interest limitation rules.

Ulf Andresen (ulf.andresen@de.pwc.com)

Tel: +49 69 9585 3551
Yu Tao (yu.tao@de.pwc.com)

Tel: +49 69 9585 6408

PwC

Website: www.pwc.com

more across site & shared bottom lb ros

More from across our site

William Paul is being replaced as IRS chief counsel just two months after starting, it is understood
Wopke Hoekstra implored US officials to ‘truly look into the facts’; in other news, the EU Council has reached a political agreement on DAC9
The US president’s flippant approach to international trade will cause chaos for corporations, but there are opportunities for intrepid tax advisers
The ruling underscores that tax authorities must provide ‘detailed, well-supported, and logically sound justifications’ when determining reference prices in tax assessments, one expert told ITR
Tax teams and the IT experts they rely on should be wary of increased compliance, says Richard Sampson, chief revenue officer at Tax Systems
The law firm was representing a businessman in the commodities sector who had previously been convicted of tax fraud
One expert last month predicted the short-term impact of tariffs would be “devastating” for both Canada and the US, particularly if the former instituted retaliatory measures
Ahead of another busy year for the World Tax rankings and ITR Awards, we profile some of the UK’s major firms and explore key market trends
The Labor government has done more than any previous administration to crack down on multinational tax avoidance, Andrew Leigh also tells ITR
Companies that come to terms with digitised tax processes now will stand to gain from FASTER’s disruption, argues Carlos Silva of Xceptor
Gift this article