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National accounting system Germany. Presented by Joanna Wolak, Natalia Waskowska, Elisa Biesold, Aleksandar Doychev. 1. History of accounting In Germany. History of accounting In Germany. Relatively brief history
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National accounting system Germany Presented by Joanna Wolak, Natalia Waskowska, Elisa Biesold, Aleksandar Doychev
1 History of accounting In Germany
History of accounting In Germany • Relatively brief history • In 1937 general accounting standards and principles were codified for the first time In the Stock Corporation Law ( Aktziengesetz ) • Reaktion to the large number of companies going bankrupt during the worldwide economic crisis of the late 1920s 1930s • The next modification of law took place in 1965 • Aim of change à to protect the interest of creditors
History of accounting In Germany • Until 1985 there were no other specific regulations, neither for other corporations like limited liability companies • No bindings rules for nonstock corporations and those companies could be highly flexible in their accounting approaches à for non-stock company accounting was impacted by tax law • In 1985 the existing regulatory system was completely changed à The main part of EC directives was incorporated in the German Commercial Code HGB ( Handelgesetzbuch )
History of accounting In Germany • The second big change was about supplementary rules, that were codified in separate laws for specific legal forms ( Stock Corporation Law, Limited Liability Company Law) as well as for specific industries ( Banking Law, Insurance Supervisory Law ) • The third change concern to modifications of specific provisions for large non-corporations from 1969
History of accounting In Germany • IAS Regulation of the European Union (2002) From 2005: Mandatory application of IAS/IFRS for consolidated financial statements of companies with listed securities in the EU • Bilanzrechtsreformgesetz (2004) Transformation of IAS Regulation into German law
2 Elements of financial statements
Elements of the financial statements • Balance sheet / statement of financial position – Report of assets, liabilities and equity as of aspecific date – Individual elements are measured and grouped according to legal requirements • Assets ordered according to liquidity (§247 HGB, §266 GCC): – Non-current assets (Analagevermögen) – Current assets (Umlaufvermögen) • Liabilities and O/E ordered according to maturity and creditors – O/E – Long-term liabilities – Short-term liabilities
3 Present Accounting Legislation
Present Accounting Legislation • German accounting regulation is codified in the German Commercial Code (‘Handelsgesetzbuch’—HGB—) • applies to all legal forms of economic undertakings • German GAAP (Generally Accepted Accounting Principles) = legal concept • "financial accounting leads tax" principle • tax accounts are generally based on the annual financial statements
Present Accounting Legislation - Merchant status • Merchant is everybody who conducts a commercial trade (§ 1 (1) GCC) • Every business enterprise is a commercial trade unless a mercantile business operation is not required according to the enterprises‘ type and scope (§ 1(2) GCC) • Two types: Factual merchants, Legal-form merchants
Present Accounting Legislation - General rules for merchants • Obligation for bookkeeping (§ 239 GCC) • Obligation for inventory-taking (§ 240 GCC) • Listing of all individual assets and liabilities • Obligation to prepare financial statements (§ 242 GCC) • Balance sheet • Profit/Loss statement
Present Accounting Legislation • Definition of size classes for corporations (§ 267 GCC)
Present Accounting Legislation - Management report • Medium and large corporations are obliged to prepare a management report • Written report with mostly qualitative information from management • Mandatory elements § 289 (1) GCC • Other elements § 289 (2) GCC
4 Practical example - Lufthansa
Deutsche Lufthansa AG Income statement for the financial year 2016
5 Accounting policies and valuation
Consolidated financial statements • Not needed for taxation purposes • Basic provisions are in Articles 290-315 GCC • IFRS is applicable • Conditions to publish: • Exercising control over one or more companies • Having majority of voting rights
Consolidated financial statements • Harmonization of the fiscal year for all companies (based on single entity theory) • Forms of consolidation: • Full - 50% or more of voting rights • Proportional • Equity accounting for associated enterprises (20%-50% voting rights)
Consolidated financial statements • Deviations for non-corporations • To be prepared only if control is exercised • Article 253 GCC can be applied • Capital consolidation • Purchase method Art.301 GCC (book and fair value) • Pooling of interest method, Art 302 GCC
Consolidated financial statements • Debt and income consolidation: International accounting principles are applied • Deferred taxation - Art.306 GCC as difference • Foreign currency translation - No rule in GCC so IAS 21 used in practice • Consolidation of joint ventures and associated companies - GAS 9; GAS 8; Art.311 GCC Goodwill
Single entity financial statement: Fixed assets • Intangibles: • Concession; Goodwill; Advanced payments • PPE • Land, Land rights and buildings, Technical equipment and machinery; other equipment; factory and office equipment; advanced payment and asset under construction • Valuation at acquisition or manufacturing cost • No general rule for method of depreciation
Single entity financial statement: Fixed assets • Inventories: • Raw material and supplies • Work in progress • FInished goods and merchandise • Advance payments • Valuation at lower historical cost or market value • Acquisition cost - FIFO or average cost
Single entity financial statement: Financial assets • Disclosure of: • Shares in affiliated company; • Loans due from affiliated company; • Participation; • Loans due from companies in which participation is held; • Securities held as long-term investment; other loans • German provisions regarding financial assets differ from international standards
Single entity financial statement: Equity • Capital reserve • Revenue reserve • Liabilities • Accruals • Special items • Deferred income and prepaid expenses - neither asset nor liability
Single entity financial statement: Income taxes • Corporate income tax - • tax rate of 15% • Federal level • But effective rate between 30% and 33% • Solidarity surcharge of 5.5% on CIT • Trade tax • 3.5% base times municipal multiplier (350-400% on average) • On municipal level • Transparent taxation of partnerships • Trade tax has to be paid
6 Development of accounting in Germany
Harmonization • IAS regulation of the EU in 2002. From 2005 mandatory application of IAS/IFRS for consolidated financial statements • Bilanzrechtsreformgesetz in 2004 - transformation of IAS into German Law • Accounting Directive Implementation Act (BilRUG) - alignment with directive 2013/34/Eu
Reporting according IFRS • Obligation to report according IFRS • Consolidated financial reports of capital-oriented companies • Option to report according IFRS • Consolidated financial reports of other companies • Voluntary report according IFRS • Single financial statement
7 Future development
Future development • National policies • Possibility of conflict with EU legislation • EU policies • EU law overrides national legislation • Harmonization • Future EU directives to be expected • Uncertain future plans