ASCG Comment Letter on the Draft Bill for the Minimum Taxation Directive Implementation Act

Today, the ASCG submitted its comment letter on the draft bill for the implementation of the directive to ensure a global minimum taxation for multinational groups and large domestic groups in the European Union and the implementation of further accompanying measures (Minimum Taxation Directive Implementation Act – MinBestRL-UmsG) to the BMF. The draft bill was discussed by the Financial Reporting Technical Committee on 18 July 2023.

As tax law is not part of the ASCG’s remit, the comments in the statement focus on issues relevant to financial reporting as well as cross-cutting issues between financial reporting and tax law.

In the statement, the ASCG points out some aspects of the draft bill that were already addressed in the ASCG statement on the discussion draft, but were not fully considered in the draft bill. In particular, it is again suggested that a (possibly temporary) mandatory exemption from accounting for deferred taxes in connection with the legislation of the OECD BEPS Pillar 2 rules should be codified in law, provided that the German Commercial Code provisions do not offer any scope for such an exemption for preparers under local GAAP.

Background:

The draft bill serves to implement Directive (EU) 2022/2523 to ensure a global minimum level of taxation for multinational groups of companies and large domestic groups in the European Union (Minimum Taxation Directive – MinBestRL). This was published in the Official Journal of the European Union on 22 December 2022 and is to be implemented by EU Member States by 31 December 2023. It is to be applied for fiscal years beginning on or after 31 December 2023. The aim of the draft bill is to implement central elements of the international agreements on Pillar 2 of the so-called OECD BEPS two-pillar solution and to implement further accompanying measures related to this.