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Mandatory audit and submission of annual reports for 2023

Legal Digest News
We remind you of the need to submit your annual financial statements and audit report for 2023 to the Federal Tax Service.

All organizations are required to submit reports, regardless of the tax system used. Its deadline is no later than April 1, 2024. The submission form is electronic through the official website of the Federal Tax Service or via telecommunications channels through an electronic document management operator.

Administrative liability and liability in accordance with the Tax Code of the Russian Federation for violation of the rules for the presentation of financial statements are provided in the form of a fine:

  • for legal entities – in the amount of 200 rubles for each document not submitted (clause 1 of Article 126 of the Tax Code of the Russian Federation);
  • for officials – in the amount of 300 – 500 rubles. (Part 1 of Article 15.6 of the Code of Administrative Offenses of the Russian Federation).

Companies must provide the tax authorities with an auditor’s report on their financial statements in accordance with the Federal Law “On Auditing”. For reporting for 2023, a conclusion can be submitted no later than April 1, 2024.

If the conclusion is not yet ready by this period, then it can be submitted within 10 working days from the day following the date of signing, but no later than December 31, 2024.

An auditor's report is required to be submitted if the organization's financial statements are subject to mandatory audit. Such companies are:

  1. organizations whose securities are admitted to organized trading, as well as issuers of issue-grade securities;
  2. organizations – professional participants in the securities market, credit history bureaus;
  3. organizations that have the organizational and legal form of a fund if the receipt of property, including cash, for the year preceding the reporting year exceeds 3 million rubles;
  4. organizations whose revenue from the sale of goods (performance of work, provision of services) for the previous reporting year exceeds 800 million rubles, or the amount of balance sheet assets at the end of the year preceding the reporting year exceeds 400 million rubles.

We remind you that from January 1, 2023, the obligation to conduct a mandatory audit was assigned primarily to public joint-stock companies (JSC). Non-public joint-stock companies must undergo an audit if the revenue or balance sheet assets exceed the established indicators - 800 and 400 million, respectively. In other cases, conducting an audit for non-public joint stock companies is a right, not an obligation, including by decision of participants in the general meeting of shareholders.

Russian legislation does not provide for separate penalties for failure to conduct a mandatory audit. However, the company may be held administratively liable for failure to provide an audit report.

Failure to submit this document within the prescribed period will result in a fine (Article 19.7 of the Code of Administrative Offenses of the Russian Federation):

  • for officials – in the amount of 300 – 500 rubles;
  • for legal entities – in the amount of 3,000 – 5,000 rubles.

The absence of an audit report within the established storage period for documents (5 years) entails punishment only for officials (Article 15.11 of the Code of Administrative Offenses of the Russian Federation):

  • a fine in the amount of 5,000 – 10,000 rubles;
  • in case of repeated violation - a fine of 10,000 - 20,000 rubles. or disqualification of an official duty for 1–2 years.

Information on the results of a mandatory audit must be placed in the Unified Federal Register of Information on the Facts of the Activities of Legal Entities (Fedresurs). The audit report, in this case, will not be published in full, but only in part of the information that is important and accessible to the rest (without disclosing data containing the company’s trade secrets).

For untimely submission of information from the audit report to the Federal Resources Agency, administrative liability is provided for officials under Article 14.25 of the Code of Administrative Offenses of the Russian Federation in the form of a warning or a fine in the amount of 5,000 rubles.

If this information is not provided at all or is unreliable, then the punishment for officials will be as follows:

  • a fine in the amount of 5,000 – 10,000 rubles;
  • in case of repeated violation - a fine of 10,000 - 50,000 rubles or disqualification of an official duty for 1–2 years.

If you have any questions about the need for an audit, we will be happy to answer them. However, we draw your attention to the fact that, due to the requirements of Russian legislation, Acsour does not provide audit services. If necessary, we will be happy to provide you with legal support and a list of recommended audit companies.