Annual financial statements of a GbR
September 16, 2010 | 30,00 EUR | answered by Michael Herrmann
We are a group practice with an interregional group practice (2 doctors, 2 practices). So far, the accounting and tax return were done by the tax advisor. The work of the tax advisor for the tax return included:
1. Separate and uniform determination of taxable bases
2. Profit distribution
3. Determination of profits for the group practice (proof of accounts + fixed assets)
4. Annual financial statements for Doctor A supplementary balance sheet
5. Annual financial statements for Doctor B supplementary balance sheet
6. Tax return for Doctor A special operating assets (balance sheet, income statement, fixed assets)
7. Tax return for Doctor B special operating assets (balance sheet, income statement, fixed assets)
8. Determination of taxable income (both doctors)
My question: we are not accountants, is this scope of the tax return really necessary? I have now booked the year 2009 in Fibu-Doc, the income statement is now ready. Isn't the income statement (for the group practice and each doctor's special area for Doctor A and B) and the tax return for the tax office sufficient? What does the bank need from an income statement calculator? Thank you in advance,
Regards,
GP
Dear inquirer,
First of all, thank you very much for your inquiry, which I would be happy to answer based on the information provided and in the context of your initial consultation. The response will be in accordance with the description of the situation. Missing or incorrect information about the actual circumstances can affect the legal outcome.
No. In terms of scope, the effort for the income surplus calculation (plus account evidence and asset verification) for a group practice, including special areas and supplementary areas, is necessary.
According to the Federal Fiscal Court ruling of June 24, 2009 VIII R 13/07, in determining the profit according to § 4 (3) EStG, the acquisition costs of a partner for the acquisition of their entrepreneurial interest must be recorded in a tax supplementary account in accordance with the principles of preparing supplementary balance sheets, if they cannot be considered in the surplus calculation of the partnership.
This means that supplementary balance sheets must be prepared not only for entities with financial statements, but also for partnerships with income surplus calculation according to § 4 (3) EStG, such as when acquiring a share in a non-accounting freelancer partnership. However, since this is not a "real" balance sheet, it would be more linguistically consistent to refer to these cases as a supplementary calculation that must comply with the rules of profit determination according to § 4 (3) EStG.
So far, it seems to me that the mistake has only been made in determining the income of the special or additional areas through accounting. Here, income surplus calculations, like in the partnership area, are sufficient. However, the effort for this is not significantly reduced in practice.
The bank, as before, requires all profit calculations for the respective areas to maintain an overall view.
I hope that with this information, I have provided you with a sufficient overview of the situation within the scope of your initial consultation and remain
Yours sincerely
Michael Herrmann
Dipl.-Finanzwirt (FH)
Tax consultant
