Balance sheet approach Securities / fixed-term deposit account Soli and capital gains tax
February 3, 2011 | 30,00 EUR | answered by Oliver Burchardt
1. Balance sheet approach securities at a small AG
I am currently preparing the balance sheet for 2009. I have a stock price for 2009 that is higher than the stock price for 2008, opening balance sheet 01012009.
Old stock price 2008 2702.66
New stock price 2009 4829.29
AK 5245.75 what do I take there??
2. In the assets section, I have a fixed-term deposit account where Zinserts and also soli and capital gains tax have been booked. Do I have to book the soli and capital gains tax as expenses in the financial statements and at the same time book them as a receivable against the tax office and present them as a receivable in the corporation tax return?
I hope I have expressed myself clearly.
Thank you for the help.
Dear inquirer,
Thank you for your inquiry, which I am happy to answer as part of an initial consultation.
Please note that the tax assessment is based on the information provided. Changing, adding, or omitting information may affect the tax assessment.
Under commercial law, there is a requirement to revalue securities, according to § 280 (1) of the German Commercial Code. Therefore, you must re-attribute the impairment made in 2008 to the securities in 2009. The securities must be booked at the market value of €4,829.29. However, for tax purposes, only 5% of the revaluation gain is subject to corporate tax.
You should initially book interest income gross, i.e. without taking into account withholding tax. The withheld withholding tax represents a claim against the tax office and is to be set off against your tax liability in the corporate tax return.
For example, if you have interest income of €100 and withholding tax of €25, you would book:
To Bank 75 To Interest Income 100
Claim against the tax office 25
I hope this information has been helpful.
Best regards,
Oliver Burchardt
Tax advisor
