Dictionary and Journal

GmbH Dictionary Definitions Part V

Which mandatory information apply to business letters from the GmbH?

Merchants must always provide certain mandatory information in their business correspondence. In addition to conventional business letters, this also applies to e-mails. The information required for the GmbH and the UG (limited liability) results from Section 35 GmbHG. Accordingly, the following information is required to provide information:

  • the legal form ,
  • the seat of the company ,
  • the registry court of the company’s registered office ,
  • the number under which the company is entered in the commercial register ,
  • all managing directors and provided
  • the company has formed a supervisory board and this has a chairman, the chairman of the supervisory board with the family name and at least one full first name

If information is provided (voluntarily) about the company’s capital, the share capital and the total amount of the outstanding contributions, if any, must be declared.

According to HOWSMB, there are too many templates for a business letter on the Internet that you can download and adapt to your needs.

Bookkeeping

As a merchant, the GmbH has to observe the regulations for external accounting of the Commercial Code, whereby particularly strict rules apply to corporations due to their limited liability.

Every GmbH must use the commercial bookkeeping ( double ) when keeping the books and determining the profit . The income-surplus-calculation according to § 4 Abs. 3 EStG , popular among non-traders, is not allowed. For each financial year that may deviate from the calendar year, annual financial statements in accordance with commercial law must be drawn up and submitted to the electronic Federal Gazette. The elements of the financial statements also depend on the size of the company. Since the MicroBilG came into force in 2012, small companies within the meaning of Section 267a HGB only have to have a shortened balance sheet and a shortened profit and loss account and may even dispense with an appendix entirely. In addition, your annual financial statements do not have to be disclosed, only deposited.

As soon as a GmbH is at least medium-sized, however, the size classes are determined in accordance with Section 267 of the German Commercial Code (HGB), no relief regulations apply. The company is then also obliged to have its annual financial statements audited by an auditor . No profit distribution can be made beforehand. The annual financial statements under commercial law form the starting point for the so-called tax balance sheet, which is used to determine taxable profits.

Taxes for the GmbH

In Germany, every natural person who earns an income has to pay taxes in the form of income tax. A GmbH as a legal person also has to pay taxes. Here taxation takes place according to certain conditions, especially when it comes to the taxation of profits. In contrast to a natural person, the GmbH pays corporate income tax, which is the most important tax for the GmbH. In addition to this, a GmbH also incurs capital gains tax, trade tax and sales tax.

Type of tax Description
Corporation tax A GmbH has to pay a tax burden of 15 percent of the profit via the corporation tax. In addition, there is currently a solidarity surcharge of 5.5 percent of taxes. This means that a GmbH together a tax amounting to 15 , 825 percent has to deal with. Like other corporations, a GmbH is obliged to pay corporation tax even before it is entered in the commercial register. Corporate income tax is a pure corporate tax.
Capital gains tax The capital gains tax, also known as KESt for short , is an income tax on capital income. In this context, the term capital includes investments in company shares or securities, etc. The capital gains tax is payable by natural persons, in the case of a GmbH, by the shareholders. However, a capital tax is only due if profits generated at the end of a financial year are distributed to the shareholders. If the profits remain in the GmbH, this does not apply. The basis of assessment for the KESt is the full investment income of the GmbH. These are taxed at a flat rate of 25 percent plus solidarity surcharge and church tax.
Business tax The trade tax is a tax on business income. This tax is levied by the city or municipality in which a GmbH is based. It differs from congregation to congregation in its level. The calculated profit on the GmbH serves as the assessment basis. The tax rate is usually around 15 percent , but it can be higher in some cities.
Value added tax Not to forget of course the sales tax . A company is subject to sales tax for all deliveries and services that are performed in Germany for a fee. This obligation is regulated in § 1 UStG . All companies that achieved sales of more than 22,000 euros in the past financial year are obliged to pay sales tax . The statutory rate for sales tax in Germany is currently 19 percent .

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