The certification of the tax statements is optional, but may avoid or delay a tax inspection, as provided by the Fiscal Procedure Code: “the certification of the tax statement by a tax consultant represents an evaluation criteria in the risk analysis performed by the central tax authorities in order to select the taxpayers / payers for the tax inspection. “
Pay attention! To reduce the risk of a tax inspection all the tax statements submitted by the taxpayer must be certified, not just the annual income tax statement.
Recently, the tax authorities issued also the order on the submission at the administration of the certified declaration, as well as the exchange of information between authorities and the Chamber of tax consultants. Therefore, the selection of the consultant is very important to ensure the success of this step.
So, it is obvious that the tax statements certification means a review process of the financial accounting situation that may:
How does the certification take place
The tax consultant prepares a file which includes general information about the taxpayer, as well as specific information on the financial situation. Then, sets a materiality threshold, respectively the value from which an error or omission may generate significant tax risks. Based on the materiality threshold, the tax consultant is random checking the documents provided by the taxpayer, in order to prepare the file which contains information related to the period subject to certification.
Subsequently, records the results in the certification report, which underlies the certification note. The note is submitted, with or without reservations, to the competent tax authority together with the certified statement.
The documents which are concluded following the certification must mandatory contain explanations regarding the amount and nature of the declared tax receivable and, if necessary, the causes that generated the rectification and in case of a certification with reserves, its motivation.
The tax consultant must meet a series of conditions. He/she Must be an active member of the Register of Tax Consultants, must have a professional liability insurance contract and respect the principle of independence.
The certification is not recognized by NAFA if it is performed by a tax consultant who is not registered as an active member in the Register of tax consultants and tax consulting firms or by a person who is not a tax consultant. By sharing information between NAFA and the Chamber of Tax Consultants, authorities receive the list with the active members.
The certification note includes:
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