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Book 3 · Commercial records  ›  Title 2 · Duty to issue reports on income tax information › Section 342c

Ultimate parent enterprises having their seat in Germany

(1) The members of the representative body of a company within the meaning of section 342 (1) no. 2 are to prepare a report on income tax information for said company for the past financial year in accordance with

1.  section 342g number 2, sections 342h, 342i, 342j (1) and section 342k (2) as well as

2.  section 342k (1) and section 342l

if the group turnover shown in the consolidated financial statements of the company exceed 750 million euros in each of at least two consecutive financial years.

(2) The members of the representative body of a company within the meaning of section 342 (1) no. 2 are released from the duty stipulated in subsection (1) if the company is a CRR credit institution within the meaning of section 1 (3d) sentence 1 of the Banking Act or a large securities institution within the meaning of section 2 (18) of the Securities Institutions Act and has disclosed, for the period under report, the particulars required in section 26a (1) sentence 2 of the Banking Act, while including the entirety of the enterprises included in the consolidated financial statements of the company.

(3) The duty stipulated in subsection (1) lapses if the group turnover shown in the consolidated financial statements is lower than 750 million euros in each of two consecutive financial years.

(4) The group turnover in accordance with subsections (1) and (3) is,

1.  in the case of companies that draw up the consolidated financial statements in accordance with the international accounting standards adopted on the basis of Regulation (EC) No 1606/2002: the amount of the group turnover resulting from the application of said accounting standards,

2.  in cases not covered by number 1: the amount obtained in applying section 342b (4) accordingly.

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