Accounting requirement
Under accounting bid is understood in the Accounting Law a legal bid for recognition as an enterprise , certain balance sheet items in the balance sheet capturing.
Commercial law
The accounting requirement arises from the completeness principle of Section 246 (1) HGB . After that a company has all the assets , liabilities and transitory prepaid expenses to be accounted for , as far as legally specified otherwise. Goodwill acquired against payment must also be capitalized (Section 246 (1) sentence 4 HGB). The statutory enumeration of individual balance sheet items shows that the accounting requirement is to be divided into an activation and a liability requirement. Accordingly, there is an obligation to capitalize and passivate . Since the terms assets and debts are to be interpreted broadly under commercial law , the law wants to cover as many individual cases as possible from the outset. Accounting options and bans are therefore to be seen as an exception to the generally applicable accounting requirement. In contrast to the activation option, the only option left to the balancing party is the accounting method provided by law.
Tax law
According to the principle of relevance , the accounting requirement under commercial law is also followed by a tax accounting requirement ( Section 5 (1) sentence 1 EStG ). This was also confirmed by the Federal Fiscal Court in February 1969 , according to which items declared to be subject to or capable of being capitalized under commercial law are generally subject to a tax capitalization requirement based on Section 6 of the Income Tax Act. The tendency to take the group of assets to be capitalized for tax purposes as broad as possible also results from the judgment of the BFH of April 1965, in which the BFH stated in summary that the concept of the asset not only encompasses things and rights , but also actual conditions, concrete possibilities and advantages for the company, the acquisition of which the merchant costs a little and which, according to the public opinion , are accessible to a special evaluation . Tax accounting bids are available for Purchased intangible assets of the fixed assets (§ 5 para. 2 Income Tax Act), active and passive transient Prepaid (§ 5 para. 5 sentence 1 no. 1 and 2 Income Tax Act), as expenses into account customs duties , excise duties (§ 5 Paragraph 5 Sentence 2 No. 1 EStG) and sales tax (5 Paragraph 5 Sentence 2 No. 2 EStG).
International
According to International Accounting Standard 39 , financial assets and liabilities as well as derivatives are to be recognized in the balance sheet. By means of a broad definition of the financial instrument , an attempt is also made here to include all items that can be accounted for. A financial instrument is understood to mean all contractual claims and obligations that directly or indirectly relate to the exchange of means of payment . The rights or obligations resulting from contracts or agreements must be based on financial facts . According to IAS 39, financial instruments can be divided into financial assets , financial liabilities and equity instruments.
See also
Individual evidence
- ↑ Michael Bitz / Dieter Schneeloch / Wilfried Wittstock / Guido Patek, The annual financial statements: National and international legal provisions , 2014, p. 402 f.
- ↑ BFH, judgment of February 3, 1969, Az .: Gr. P. 2/68
- ↑ BFH, judgment of April 29, 1965 = BFH 82, 461; BStBl III 1965, 414
