Rules for how it's done mandatory audit in Russia are contained in a number of legislative acts of the federal level.
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Let's find out what kind of check this is, when and in relation to whom it is carried out. We will determine whether liability arises in case of non-audit.
Shareholders want to be sure that there is no deception on the part of the administration. They need reliable information that would reflect the true financial position of the company.
And such information can be provided only by outsiders - auditors. They conduct an audit, after which they express their opinion about the situation at the enterprise.
Before determining how and by whom a statutory audit is carried out, it is worth considering the concept itself and the norms that you will have to turn to for answers.
The audit activity is called entrepreneurial activity auditor or audit firm. They conduct an independent non-departmental audit of accounting reports, settlement documents, tax returns and other obligations.
These firms provide services for:
Audit can be external and internal, mandatory, proactive. Mandatory audit - checking the accounting and reporting of the company, which is carried out without fail.
The subject of the audit is the verification that is carried out on the basis of the contract. The goal is to establish the reliability of the information provided by the enterprise. Auditors are persons who check the state of the company's activities for specific periods.
The inventory is carried out before the preparation of annual reports of the accounting department. The location of the business does not matter.
Checking productive reserves, and property that does not belong to the company, but is listed in accounting, as well as property that was taken into account at all (according to).
The result of the inventory is reflected in annual accounts. Be sure to prepare constituent, registration and permit documentation, a patent,.
If the company is the parent company and has several separate divisions, you need to collect registration documentation.
It is also carried out when Chief Accountant resigns in order to avoid errors in the delivery of cases and an unclosed issue on accounting.
If the company does not have a chief accountant, but you need to report, the audit is carried out twice a month. So the accountant will not be responsible for errors that occur due to the fact that all questions are not closed.
A company that falls under a mandatory audit must select an auditor, conclude a contract with him and submit an audit report to the tax service along with annual reports. If there is no such conclusion, the company pays a fine.
When drawing up a contract, the head of the organization must be sure that the audit will be carried out in accordance with the legislation, which takes into account Russian and international standards.
Mandatory audit is carried out by the enterprise every year. Auditors are independent audit firms that have the appropriate license. The result of the audit is the conclusion of the inspector on the correctness of the reflection of the facts of economic and financial activities. Not all companies have to undergo a mandatory audit. So, annually should be checked:
Other enterprises must also undergo mandatory audits if their activities exceed the established financial indicators. Criteria for mandatory audit in 2018:
The criteria obliging companies to conduct an audit are established by paragraph 1 of Art. 5 of Law No. 307-FZ. If, according to the results of the company's activities, at least one of these requirements is met, it must conduct an audit. Information is taken from prior year, i.e. if, after the end of the year, the activity of the enterprise met one of the requirements, it must undergo a mandatory audit next year.
As you can see, there are no special requirements governing the mandatory audit for an LLC. If the company's assets or revenues exceed the established norms, the LLC must be audited annually. The obligatory annual audit for an LLC may be established by the charter or by the decision of the company's participants. But in both cases, we are talking about an initiative audit.
There are also requirements for how auditing. The audit must meet the following criteria:
An audit is a very time-consuming process, so a detailed plan is drawn up just before the audit. At the beginning, information about the enterprise at which it will take place is studied. Based on this information, strategy and tactics are determined, an audit program is developed, a schedule and plan are drawn up. Everything is agreed with the client.
Then the verification itself is carried out. All financial, accounting and statutory documents are studied. The obtained data are analyzed, an assessment is given for their compliance Russian legislation. The identified shortcomings are fixed, the auditor proposes measures to eliminate them.
The final conclusions are presented to the founders of the organization in the form auditor's report. There are two types of conclusion: unconditionally positive, such a decision is made if no violations were found during the audit, and a modified one. The latter, in turn, is divided into three subtypes:
Basically, in practice, positive conclusions or opinions with reservations are issued. The other two options account for less than 1% of conclusions.
After receiving the document, the enterprise must submit it to Rosstat. The conclusion is submitted along with the annual balance sheet and other statements. This must be done within 10 days from the date of its submission to the legal entity, but before the end of the year following the reporting one.
The transition to international requirements has made adjustments to the audit procedure. First of all, this affected the presentation of the auditor's opinion on the results of the audit. The form of the conclusion has changed, now it has become more informative. In addition to evaluation financial indicators firms, it includes an analysis of the main points that interested the auditor and a listing of possible risks for further activities.
Since 2018, audit secrecy has actually been abolished. Now the Federal Tax Service can receive any documents on the audit from the audit company. Moreover, according to the new amendments, tax authorities are allowed to disclose the information received.
Ignoring the law entails the imposition of penalties. Both the organization itself and its leader can be fined. Supervisory authorities can issue both fines.
In the case of a mandatory audit, a violation is considered:
All LLCs covered by legal requirements, must pass a mandatory check, otherwise you will have to pay heavy fines. It is also important to keep track of the deadlines for submitting audit reports to the statistical authorities, their violation will also entail the imposition of penalties.
The definition of a mandatory audit contains an annual, independent assessment by the auditor of the accounting, tax and other financial statements of an enterprise, company, firm or private entrepreneur, in order to reflect an independent opinion on the correctness of all indicators in the documentation submitted for verification.
Work is regulated by the regulatory legal acts in force in the territory Russian Federation.
Simply put, mandatory audit is the suppression of actions on the market of unscrupulous enterprises and individual entrepreneurs, that is, focused on protecting society and its interests as a whole.
Both large companies and small enterprises operating in the Russian market are subject to audit.
Mandatory audit is carried out in organizations annually for several reasons:
The auditors' conclusions can be used in the analysis of a particular company, for example, before directing investments in its development, or when buying shares or bonds of a particular company, before declaring it bankrupt, reorganizing, and before other important actions.
This conclusion can be used by the campaign itself in order to predict further development and plan profits, or resist losses. Such a conclusion, in its essence, shows the real state of affairs of the company.
Mandatory audit is a full verification of documentation in several areas: primary documents, registers accounting, tax returns and other documents, transactions of a financial nature of the company.
Allocate another type of audit - proactive. It is held if the shareholders or the management of the company have decided to conduct it on their own. Basically, it is carried out before making important decisions that affect the further development of the enterprise. This type audits can be carried out at any time of the year several times at the request of management, while mandatory audits are carried out no more than once a year.
Mandatory audit is carried out in the following cases:
The inspector can either leave a positive opinion or draw up a modified opinion. To obtain a positive opinion, as practice shows, it is necessary to eliminate all the auditor's comments during the audit (if these comments are insignificant and the auditor meets you halfway).
The conclusion is signed by two parties: the auditor and the manager. It is extremely important to have a seal on the signatures. With his signature, the head confirms the fact that he agrees with the results of the company's activities described by the auditor. The auditor attaches reports to the conclusion. Such a conclusion is drawn up in two copies: one remains with the inspector, the other - with the head of the object being checked.
Only those persons who have the appropriate certificate can carry out this procedure. In our country, there is a register of auditors and audit firms. Auditors are selected on the basis of a competition, in accordance with all laws and requirements established by the Government of the Russian Federation.
To be in demand in the market as an inspector, you must have a high rating of your audit activity. In this regard, the rules and requirements for the auditor have been developed.
The main requirements include the following:
When conducting an audit of a company, they are given a serious responsibility for the correct reflection of the results of their work in the conclusion. For this, there are certain criteria, without which the check is considered ineffective and will contain unreliable and distorted information.
Enterprises that evade mandatory audits may be held liable in accordance with the law by a court decision.
Basically, the court imposes penalties: from the enterprise - from 100 to 500 times the minimum wage, from the head - from 50 to 100 times minimum size wages. All amounts recovered by the court are transferred to Federal budget RF.
It must be said that a mandatory audit, as a rule, consists of several stages.
The price for such services is not a fixed value and will depend on the qualifications of the auditor, on the amount of work performed, and on the scope of the audited object.
For a quality and correct audit, it is desirable to involve auditors who have proven themselves only on the positive side, although the cost of the services of such an auditor will be much higher.
An indispensable condition is the fact that the audit report is transferred to statistics simultaneously with the organization's annual report. Until December 31 of the year following the reporting year, the conclusion should be sent to the appropriate authorities.
It is also important that the auditor or audit organization that conducted the audit meets the necessary requirements, namely:
Modern auditors recommend conducting an audit of a company in several stages, not simultaneously, but breaking them down into the whole fiscal year. This is due to sharply increased fines and increased liability for false information. Such an audit will help reduce various financial and tax risks, avoid fines and sanctions, reduce the likelihood of distorted reporting, and others.
The most serious violations of the law include:
The statute of limitations for holding liable is two years from the day the offense was committed, in accordance with the Code of Administrative Offenses.
It is planned to introduce a fine for late submission of the auditor's report to the statistics. The penalty for such an offense is planned in the following amounts:
As a rule, a mandatory type of audit is planned in the organization before the annual general meeting of shareholders.
In conclusion, I would like to summarize the information on a statutory audit, namely, to say that conducting such an audit requires the management to strictly follow all the recommendations and rules reflected in the legislation of the Russian Federation, from the correct choice of the auditor, ending with the correct deadline for submitting the finished audit report into statistics.
1. Mandatory audit is carried out in the following cases:
1) if the organization has the organizational and legal form of a joint-stock company;
2) if the organization's securities are admitted to organized trading;
3) if the organization is credit institution, the Bureau credit histories, an organization that is a professional participant in the securities market, an insurance organization, a clearing organization, a mutual insurance company, a trade organizer, a non-state pension or other fund (with the exception of a fund that has the status of an international fund in accordance with Federal Law of August 3, 2018 N 290- Federal Law "On International Companies and International Funds"), a joint-stock investment fund, management company joint-stock investment fund, a mutual investment fund or a non-state pension fund (with the exception of state extra-budgetary funds);
4) if the volume of proceeds from the sale of products (sales of goods, performance of work, provision of services) of an organization (with the exception of state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, agricultural cooperatives, unions of these cooperatives) for the previous the reporting year exceeds 400 million rubles or the amount of assets balance sheet as of the end of the previous reporting year exceeds 60 million rubles;
5) if an organization (with the exception of a public authority, local government, state off-budget fund, as well as state and municipal institution) submit and (or) disclose the annual summary (consolidated) accounting (financial) statements;
6) in other cases established by federal laws.
2. Mandatory audit is carried out annually.
3. Mandatory audit of the accounting (financial) statements of organizations whose securities are admitted to organized trading, other credit and insurance organizations, non-state pension funds, organizations, in the authorized (share) capitals of which the share state property is not less than 25 percent, state corporations, state companies, public companies, as well as accounting (financial) statements included in the securities prospectus and consolidated financial statements are carried out only by audit organizations.
4. An agreement to conduct a mandatory audit of the accounting (financial) statements of an organization in whose authorized (share) capital the share of state ownership is at least 25 percent, as well as to conduct an audit of the accounting (financial) statements of a state corporation, state company, public company , state unitary enterprise or municipal unitary enterprise is concluded based on the results of an open tender at least once every five years in the manner established by the legislation of the Russian Federation on the contract system in the field of procurement, goods, work, services to meet state and municipal needs, while the establishment of a requirement for securing bids for participation in the tender and (or) for securing the performance of a contract is not mandatory.
5. In an open tender for concluding a contract for auditing the accounting (financial) statements of an organization, the volume of proceeds from the sale of products (sales of goods, performance of work, provision of services) of which for the previous reporting year does not exceed 1 billion rubles, the participation of audit organizations is mandatory, being subjects of small and medium-sized businesses.
6. Information on the results of a mandatory audit is subject to entry into the Unified Federal Register of information on the facts of activity legal entities by the audit customer indicating in the message of the audited entity the data identifying the audited entity (taxpayer identification number, the main state registration number for legal entities, the insurance number of an individual personal account, if any), the name (last name, first name, patronymic) of the auditor, the data identifying the auditor ( identification number of the taxpayer, the main state registration number for legal entities, the insurance number of an individual personal account, if any), the list of accounting (financial) statements in respect of which the audit was carried out, the period for which it was drawn up, the date of conclusion, the opinion of the audit organization, individual of the auditor on the reliability of the accounting (financial) statements of the audited entity, indicating the circumstances that have or may have a significant impact on the reliability of such statements, except for cases that are subject to disclosure in accordance with this hour This information constitutes a state secret or commercial secret, as well as in other cases established by federal law.
The provisions of Article 5 of Law No. 307-FZ are used in the following articles:3) the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere (hereinafter referred to as the authorized federal body for control and supervision) (in relation to audit reports on the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this federal law);
5. External quality control of the work of audit organizations conducting a mandatory audit of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law is carried out by self-regulatory organizations of auditors in relation to their members, as well as by the authorized federal body for control and supervision.
1. External quality control of the work of audit organizations conducting a mandatory audit of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law is carried out by the authorized federal body for control and supervision in the manner established by the authorized federal body.
b.1) officials of the authorized federal body for Control and Supervision and its territorial bodies exercising external control the quality of work of audit organizations conducting a mandatory audit of the accounting (financial) statements of organizations specified in Part 3 of Article 5 of this Federal Law; Final provisions4.1. From January 1, 2012, auditors with valid auditor qualification certificates issued in accordance with Federal Law No. 119-FZ of August 7, 2001 "On Auditing Activities" are entitled to participate in auditing activities (perform auditing activities) in accordance with the type of of them the qualification certificate of an auditor, except for participation in audit activities (carrying out audit activities) provided for by Part 3 of Article 5 of this Federal Law.
How much will it cost a company not to conduct a statutory audit? In this article, we will consider possible sanctions from the regulatory authorities of the company for the lack of an audit report. The consequences of not conducting an audit (apart from fines for the absence of an audit report) may affect the financial and economic activities of the company.
Let's analyze which regulatory authorities can fine a company for the lack of an audit report, which, in fact, means a failure to conduct a mandatory audit.
Responsibility that can be imputed by the tax authority for failure to present documents within the prescribed period is provided for in clause 1 of article 126 of the Tax Code of the Russian Federation.
Thus, the price of non-submission to the tax authorities of documents and (or) other information provided for by the Tax Code of the Russian Federation and other acts of legislation on taxes and fees is 200 rubles for each document not submitted (clause 1, article 126 of the Tax Code of the Russian Federation).
According to Art. 6 of the Federal Law of December 30, 2008 No. 307-FZ “On Auditing Activities” (hereinafter referred to as Law No. 307-FZ), an audit report is an official document intended for users of the accounting (financial) statements of audited entities, containing prescribed form the opinion of an audit organization, an individual auditor on the reliability of the accounting (financial) statements of the audited entity.
From the foregoing, it follows that the audit report is not a document that serves as the basis for the calculation and payment (withholding and transfer) of taxes, fees, as well as a document confirming the correct calculation and timeliness of payment (withholding and transfer) of taxes, fees, and, therefore, the tax authority has no reason to impose a fine under paragraph 1 of Article 126 of the Tax Code of the Russian Federation for its failure to provide. This position is shared by arbitration courts(Decree of the Eleventh Arbitration Court of Appeal dated March 24, 2016 No. А55-24924/2015).
In addition, the audit report is no longer included in the annual accounting (financial) statements (clause 1, article 14 of the Law of December 6, 2011 No. 402-FZ “On Accounting”) submitted to the tax authorities, and therefore the tax authorities is not entitled to fine the company (letters of the Federal Tax Service of the Russian Federation for Moscow dated March 31, 2014 No. 13-11 / 030545, dated January 20, 2014 No. 16-15 / 003855, Ministry of Finance of the Russian Federation dated January 30, 2013 No. 03-02 -07/1/1724).
Important!
On April 10, 2016, amendments to Article 15.11 of the Code of Administrative Offenses came into force, which provide for penalties for gross violation of accounting and reporting rules, including for the absence of an audit report on accounting (financial) statements (if the audit accounting (financial) reporting is mandatory).
from 5 thousand rubles to 10 thousand rubles (for officials);
at repeated violation- up to 20 thousand rubles (for officials) or disqualification of an official for a period of 1 to 2 years.
At the same time, the statute of limitations for bringing to administrative responsibility is 2 years from the date of the commission of such an offense.
Protocols on administrative offenses are authorized to draw up officials:
tax authorities(clause 5, clause 2, article 28.3 of the Code of Administrative Offenses);
executive authorities exercising the functions of control and supervision in the financial and budgetary sphere (clause 11, clause 2, article 28.3 of the Code of Administrative Offenses);
Accounts Chamber of the Russian Federation and the control and accounting bodies of the constituent entities of the Russian Federation (clause 3, clause 5, article 28.3 of the Code of Administrative Offenses).
For failure to submit an audit report to the set of financial statements submitted to Rosstat (in the event of a mandatory audit), an organization and its official may face an administrative fine (Article 19.7 of the Code of Administrative Offenses of the Russian Federation):
At the same time, the imposition of a fine does not relieve the organization from the obligation to submit an audit report to the statistical authorities (clause 4, article 4.1 of the Code of Administrative Offenses of the Russian Federation).
The most serious sanctions can be imposed by the Bank of Russia.
A public joint-stock company is obliged to disclose its annual report and annual accounting (financial) statements (Article 92 of the Federal Law of December 26, 1995 No. joint-stock companies ah”, hereinafter referred to as Law No. 208-FZ).
Content Requirements annual report joint-stock companies are established in the Regulations on the disclosure of information by issuers of equity securities, approved. Bank of the Russian Federation dated December 30, 2014 No. 454-P (hereinafter referred to as the Regulation).
The annual accounting (financial) statements of a JSC subject to statutory audit are disclosed by publishing its text on a page on the Internet no later than three days from the date of drawing up the audit report, expressing in the prescribed form the opinion of the audit organization on its reliability (clause 71.4 of the Regulations). Recall that a mandatory audit is carried out in cases where the company has the legal form of a joint-stock company (clause 1, clause 1, article 5 of the Federal Law of December 30, 2008 No. 307-FZ “On Auditing”).
Lack of information subject to disclosure in accordance with these Regulations, without sufficient grounds, is the basis for holding the issuer liable, as well as for imposing restrictions on the circulation of securities in accordance with the legislation of the Russian Federation (clause 2.13 of the Regulations).
Administrative responsibility for this violation is provided for in paragraph 2 of Art. 15.19 of the Code of Administrative Offenses.
Thus, the disclosure of information is not in full ( financial statements should be disclosed together with the auditor's report), and (or) inaccurate information, and (or) misleading information entails the imposition administrative fine:
Important!
In the presence of exceptional circumstances related to the nature of the committed administrative offense and its consequences, the amount of the minimum fine may be reduced by the court. For example, for not posting an audit report on a website in the information and telecommunications network "Internet", the court reduced the fine to 350 thousand rubles (decisions of the Arbitration Court of the North-Western District of February 10, 2016 No. A56-30455 / 2015, the Constitutional Court of the Russian Federation of February 25 .2014 No. 4-P).
