(1) In the case of branch offices within the meaning of section 342 (2) no. 2 of a share capital company within the meaning of section 342 (2) no. 1, first alternative, the persons set out in section 13e (2) sentence 5 number 3 regarding whom an application for registration in the Commercial Register has been filed or, if no such persons exist, the members of the share capital company’s representative body are to demand of the main office that it provide to them a report on income tax information for the past financial year that was prepared in accordance with section 342g number 1, section 342h (1) nos. 1 to 3 and subsections (2) to (5), sections 342i and 342j (2) as well as sections 342k and 342l if the turnover shown in the annual financial statements of the share capital company exceeds, in no fewer than each of two consecutive financial years, an amount 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 main office fails to make available a report on income tax information or if the report made available is not compliant with statutory requirements, then the persons on whom the duty stipulated in subsection (1) is incumbent are to prepare the following on behalf of the share capital company:
1. a declaration to the effect that the main office 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 1, section 342h (1) nos. 1 to 3 and subsections (2) to (5), sections 342i, 342j (2) and section 342k (2) as well as
b) section 342k (1) and section 342l,
setting out the information that they have available and that they are able to procure.
(3) The persons on whom the duties stipulated in subsections (1) and (2) are incumbent are released from the duties set out therein if the share capital company has prepared a report on income tax information in accordance with section 342g number 1, section 342h (1) nos. 1 to 3 and subsections (2) to (5), sections 342i and 342j (2) 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 company,
2. was transmitted by some other domestic branch office 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 branch office in another 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 branch office on behalf of which the disclosure in accordance with number 2 was effected.
(4) The duties stipulated in subsections (1) and (2) will lapse if the turnover shown in the annual financial statements of the share capital company 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 turnover in accordance with subsections (1) and (4) is the amount of the 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 share capital company.