Profit without operating expense deduction of vGA | EUR 100,000
Private costs assumed for shareholders, operating expenses | – EUR 10,000
Preliminary profit, commercial and tax | EUR 90,000
But: Adding the vGA “outside the balance sheet” | + EUR 10,000
Taxable income of the GmbH | EUR 100,000
Commercial net profit of the GmbH | EUR 90,000
According to § 5 (1) sentence 1 EStG, taxpayers who are obliged to keep accounts or do so voluntarily must use the profit under commercial law (trade balance and profit and loss invoice (PIV)) for tax purposes. Deviations resulting from tax law must be presented accordingly. The means provided for this purpose is the so-called reconciliation calculation, which results in particular from § 5 (1) sentence 1 half sentence 2 EStG.
According to § 238 (1) HGB, every merchant is obliged in the sense of commercial law to keep books and draw up a corresponding balance sheet on the end of the reporting period. It must comply with the principles of proper accounting (GoBD). For the establishment of the “asset statement” in particular
This article does not replace tax or legal advice in an individual case. Facts, current law, jurisdiction, documentation and implementation remain decisive.