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Vorozhbitova Krystyna

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Financial statements filed on the wrong form

In practice, there are cases when an enterprise submits financial reporting not in “its” form. For example, microenterprises instead of f. No. 1-ms, 2-ms serve f. № 1, 2, designed for small businesses. What do the fiscals think about this?
A consultation appeared in the category 102.23.02 ЗІР, in which the fiscal authorities explained what threatens the payer for filing a financial report in an incorrect form. Summary: “for filing financial statements not in the prescribed form, state statistics bodies apply administrative penalties to officials and citizens – business entities”.

That is, they say that an administrative fine can be applied for filing a financial report in an irregular form. And not by the fiscal authorities themselves, but only by the statistical bodies. And obviously, we are talking about adminfrafe under art. 186 of the Administrative Code – for non-submission to state statistical bodies of data for conducting state statistical observations or presenting them inaccurate, not in full, not in the form provided by the reporting and statistical documentation.
But the fiscals have no reason to use an administrative fine for such a “violation”. In the Code of Administrative Offenses, such an offense as non-submission along with a financial reporting declaration / submission of this annex to a declaration not in the appropriate form, we will not find.
Administrative fine under art. 163 of the Administrative Code (violation of the procedure of tax accounting) is not glued here. And the administrative fine for accounting violations, provided for in Art. 164 of the Administrative Code, firstly, it is applicable only for the failure to submit financial statements, and secondly, it can be used only by the State Financial Supervision Authority.
In the consultation of fiscals there is not even a hint that, as a result of filing financial statements, a declaration on income tax may be recognized in an incorrect way. This is certainly a reason for optimism.
And one more important moment. Tax consultants answered the question: should the financial statements be re-submitted if it is submitted in an inappropriate form? In fact, the logic of fiscals is such that the payer has the right (may) to submit in this case the updated financial reporting (separately). But to submit a revised income tax declaration is necessary only if there are mistakes in the financial reporting and such errors affect the income tax return indicators. That is a loyal explanation of fiscal information. But it’s still better not to be mistaken with financial reporting forms.

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