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National accounting system Germany
Presented by Joanna Wolak, Natalia Waskowska, Elisa Biesold, Aleksandar Doychev
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History of accounting In Germany
1 History of accounting In Germany
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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
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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 )
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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
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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
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Elements of financial statements
2 Elements of financial statements
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Balance sheet / statement of financial position
Elements of the financial statements Balance sheet / statement of financial position – Report of assets, liabilities and equity as of a specific 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
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Present Accounting Legislation
3 Present Accounting Legislation
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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
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Present Accounting Legislation
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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
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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
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Present Accounting Legislation
Definition of size classes for corporations (§ 267 GCC)
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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
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Practical example - Lufthansa
4 Practical example - Lufthansa
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Deutsche Lufthansa AG Balance sheet as of 31 December 2016
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Deutsche Lufthansa AG Balance sheet as of 31 December 2016
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Deutsche Lufthansa AG Income statement for the financial year 2016
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Accounting policies and valuation
5 Accounting policies and valuation
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Consolidated financial statements
Not needed for taxation purposes Basic provisions are in Articles GCC IFRS is applicable Conditions to publish: Exercising control over one or more companies Having majority of voting rights
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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)
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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
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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
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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
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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
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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
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Single entity financial statement: Equity
Capital reserve Revenue reserve Liabilities Accruals Special items Deferred income and prepaid expenses - neither asset nor liability
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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 ( % on average) On municipal level Transparent taxation of partnerships Trade tax has to be paid
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Development of accounting in Germany
6 Development of accounting in Germany
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Harmonization IAS regulation of the EU in From mandatory application of IAS/IFRS for consolidated financial statements Bilanzrechtsreformgesetz in transformation of IAS into German Law Accounting Directive Implementation Act (BilRUG) - alignment with directive 2013/34/Eu
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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
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7 Future development
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Possibility of conflict with EU legislation EU policies
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
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