Information provided at the foot of the balance sheet
(1) The balance sheet also may be drawn up with due regard being had to the full or partial appropriation of the profit / treatment of loss for the year. Where the balance sheet is drawn up with due regard being had to the partial appropriation of the profit / treatment of loss for the year, the items “Net income for the year / net loss for the year” and “Accumulated profits / losses carried forward” will be replaced by the item “Balance sheet profit / balance sheet loss;” any accumulated profits or accumulated losses carried forward are to be included in the item “Balance sheet profit / balance sheet loss” and are to be stated separately on the balance sheet. The information also may be provided in the notes.
(2) (repealed)
(3) Where the equity capital has been used up by losses so that the amount of the liability items exceeds that of the asset items, this amount is to be shown separately as the last item of the balance sheet on the assets side in the item “Deficit not covered by equity.”
(4) In every item shown separately, an entry is to be made for the amount of the receivables having a remaining term of more than one year. If amounts are shown in the item “Other assets” for assets that are due to come into existence in legal terms only after the balance sheet date, then explanations must be provided in the notes for any amounts having a larger scope.
(5) In every item shown separately, an entry is to be made for the amount of liabilities having a remaining term of up to one year and for the amount of liabilities having a remaining term of more than one year. Payments received on account of orders are to be separately shown under liabilities unless advance payments made for stocks are shown separately as a deduction from the item “Inventories.” If amounts for liabilities are shown in the item “Liabilities” that are due to come into existence in legal terms only after the balance sheet date, then an explanation must be provided in the notes for any amounts having a larger scope.
(6) A difference reported as a prepaid expense pursuant to section 250 (3) is to be shown separately on the balance sheet or is to be stated in the notes.
(7) Where the contingent liabilities and commitments designated in section 251 are concerned, the following applies:
1. the information regarding liabilities as well as contingent liabilities and commitments that are not to be shown under liabilities is to be provided in the notes,
2. whereby the contingent liabilities and commitments are to be separately stated in each case, along with the liens granted and other collateral provided, and
3. whereby a separate entry is to be made in each case for obligations concerning the old-age pension scheme and obligations vis-à-vis affiliated or associated enterprises.
(8) Where intangible assets created by the enterprise itself are shown on the balance sheet as part of the fixed assets, profits may be distributed only if the reserves remaining freely disposable after the distribution, plus the accumulated profits carried forward and minus the accumulated losses carried forward, correspond at a minimum to the amounts recognised in the aggregate, minus the deferred tax liabilities formed in their regard. Where deferred tax assets are shown on the balance sheet, sentence 1 is to be applied to the amount by which the deferred tax assets exceed the deferred tax liabilities. In the case of assets within the meaning of section 246 (2) sentence 2, sentence 1 is to be applied to that amount, minus the deferred tax liabilities formed in its regard, that is in excess of the cost of acquisition.