Accounting Directive Implementation Act

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Basic data
Title: Law implementing Directive 2013/34 / EU of the European Parliament and of the Council of June 26, 2013 on the annual financial statements, consolidated financial statements and related reports of companies of certain legal forms and amending Directive 2006/43 / EC of the European Parliament and Council and repealing Council Directives 78/660 / EEC and 83/349 / EEC
Short title: Accounting Directive Implementation Act
Abbreviation: BilRUG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Commercial law , accounting law
Issued on: 17th July 2015
Entry into force on: 23rd July 2015
Please note the note on the applicable legal version.

With the Accounting Directive Implementation Act ( BilRUG ), the requirements of EU Directive 2013/34 / EU were implemented in German law. The law came into force the day after its publication on July 23, 2015.

content

With changes to numerous laws and a large number of detailed changes in the HGB , the BilRUG represents another extensive amendment to the HGB after the Accounting Law Modernization Act (BilMoG) that came into force in 2009 , although numerous modifications are of an editorial nature. In addition to the changes to the HGB and the EGHGB, which contains the transitional and initial application regulations, the PublG , AktG , GmbHG and a large number of special laws are being adapted . The main changes in these laws are owed to consequential changes from the adjustments to the HGB.

Due to the European legal requirements of the new EU accounting guideline, there is a stronger systematization of the accounting, especially the annex reporting, based on the BilRUG. In addition, the size criteria that are relevant under commercial law are being adapted, the implementation of which the national legislature decided to exploit the maximum limits. In the area of ​​the annex reporting, reporting is harmonized based on the basic idea of “think small first” . The minimum catalog of information in the notes for small corporations is reduced, the disclosure requirements for medium-sized and large corporations are expanded to some extent.

In the income statement , the previous subtotal result from ordinary business activities , with which the operating business was presented, no longer applies . This subtotal has become obsolete because the extraordinary result (apart from essential information in the notes ) no longer has to be shown.

Course of the legislative process

The draft bill was presented to the public by the Federal Ministry of Justice and Consumer Protection on July 27, 2014. The draft was then sent to the circles involved, in particular the business associations and the governments of the federal states, for comments. On January 7, 2015, the government draft containing some further changes was published. The first reading took place in the Bundestag session on February 27, 2015. It came into force on July 23, 2015.

First time application

The first application of the new accounting rules by the BilRUG is regulated in the EGHGB:

  • Fundamental application of the new regulations for fiscal years beginning after December 31, 2015.
  • Exception: the increased thresholds of §§ 267, 293 HGB can already be applied for fiscal years beginning after December 31, 2013. In this case, however, the changed definition of sales revenue according to Section 277 (1) of the German Commercial Code (HGB) must also be observed.

literature

  • Kreipl, Markus / Müller, Stefan (2014), The EU Accounting Directive and its implementation in Germany from the perspective of corporate governance - opportunities and risks of the Accounting Directive Implementation Act (BilRUG) , in: ZCG 5/2014, pp. 235–240 .
  • Lüdenbach, Norbert / Freiberg, Jens (2014), BilRUG-RefE: Only “selective changes”? , in: Betriebs-Berater 2014, pp. 2219–2225.
  • Müller, Stefan / Stawinoga, Martin (2014), Implications of the retrospective increase in threshold values ​​with the BilRUG-RefE when determining company size classes , in: Betriebs-Berater 2014, pp. 2411–2415.
  • Oser, Peter / Orth, Christian / Wirtz, Holger (2014), New regulations on accounting and auditing by the Accounting Directive Implementation Act - Comments on the draft bill , in: Der Betrieb 2014, pp. 1877–1884.
  • Schütte, Jens (2014), BilRuG draft and indirect depreciation - new identification options for KapGes.? - , in: Der Betrieb 2014, pp. 2237–2238.
  • Zwirner, Christian (2014), Reform of the HGB by the BilRUG - An overview of the essential detailed changes in the individual financial statements , in: DStR 2014, pp. 1784–1791.
  • Zwirner, Christian (2014), Reform of the HGB by the BilRUG - An overview of the essential detailed changes in the consolidated financial statements , in: DStR 2014, pp. 1843–1847.
  • Zwirner, Christian (2014), Reform by the BilRUG - Other changes - Significant changes beyond the individual and consolidated financial statements under commercial law (audit, disclosure, penal / fine regulations, GmbHG, PublG, AktG etc.) , in: DStR 2014, p. 1889-1894.
  • Zwirner, Christian (2014), Reforming the HGB: Changes by the BilRUG - An overview of the central changes in the individual and consolidated financial statements , in: StuB 2014, pp. 688–697.
  • Zwirner, Christian / Boecker, Corinna (2014), Reform of the HGB by the BilRUG: Effects on accounting and valuation in individual financial statements , in: Journal for Accounting, Accounting and Controlling (BC), 10/2014, pp. 404–407.
  • Zwirner, Christian (2015), Accounting Directive Implementation Act: Individual Financial Statements , in: Journal for Accounting, Accounting and Controlling (BC), 02/2015, pp. 50–60.
  • Zwirner, Christian (2015), Reform of the HGB by the BilRUG - more than just an accounting reform - an overview of the essential changes between the ministerial draft and the government draft , in: DStR 2015, pp. 375–381.

Web links

Individual evidence

  1. ↑ Published in the Federal Law Gazette of July 22, 2015 (BGBl. 2015 Part I, Bl. 1245 ff.).