(1) The members of the representative body of a company within the meaning of section 342 (1) no. 3 are to demand of the ultimate parent enterprise of the company that it make available to the company a report on income tax information for the past financial year that was prepared in accordance with section 342g number 2, sections 342h, 342i and 342j (3) as well as sections 342k and 342l if the group turnover shown in the consolidated financial statements of the ultimate parent enterprise exceeded an amount in each of at least two consecutive financial years that corresponds to the amount of 750 million euros at the exchange rate of 21 December 2021, rounded to the nearest thousand.
(2) If the ultimate parent enterprise fails to make available a report on income tax information or if the report made available is not compliant with statutory requirements, then the members of the company’s representative body are to prepare the following on behalf of the company:
1. a declaration to the effect that the ultimate parent enterprise failed to make available a report on income tax information or that the report made available is not compliant with statutory requirements, as well as
2. a report on income tax information in accordance with
a) section 342g number 2, sections 342h, 342i, 342j (1) and section 342k (2) as well as
b) section 342k (1) and section 342l,
setting out the information that the company has available and that it is able to procure.
(3) The members of the representative body of a company within the meaning of section 342 (1) no. 3 are released from the duties stipulated in subsections (1) and (2) if the ultimate parent enterprise has prepared a report on income tax information in accordance with section 342g number 2, sections 342h, 342i and 342j (3) as well as sections 342k and 342l that
1. was published free of charge no later than one year following the end of the period under report in at least one of the official languages of the European Union on the website of the ultimate parent enterprise,
2. was transmitted by some other subsidiary enterprise having its seat in Germany no later than one year following the end of the period under report, in German, to the body maintaining the Business Register for inclusion in same or was disclosed by a subsidiary enterprise having its seat in a Member State of the European Union or in some other state party to the Agreement creating the European Economic Area as required by the relevant domestic laws in conformity with Article 48d (1) of Directive 2013/34/EU and
3. cites the name and the seat of that subsidiary enterprise that has disclosed the report in accordance with number 2.
(4) The duties stipulated in subsections (1) and (2) will lapse if the group turnover shown in the consolidated financial statements of the ultimate parent enterprise is lower, in each of two consecutive financial years, than an amount that corresponds to the amount of 750 million euros at the exchange rate of 21 December 2021, rounded to the nearest thousand.
(5) The group turnover in accordance with subsections (1) and (4) is the amount of the group turnover resulting from the application of the accounting standards that, under the relevant domestic laws, govern the drawing-up of the consolidated financial statements of the ultimate parent enterprise.