Audit report: 2013 innovations
You know perfectly well that the Law on Audit has not gone anywhere, and as long as it, when it reaches certain indicators, obliges an organization to conduct an audit, it must do so. The law on accounting has nothing to do with it. Although the conclusion in the Law N 402-ФЗ is just mentioned. According to it, all organizations that necessarily publish their reports, along with it, must also demonstrate the verdict of the auditors. Simply, he is no longer part of the financial statements. And this is absolutely logical. If you bring it to the point of absurdity, then the results of the cameral tax audit are not part of the tax return. So it is here: in the conclusion, the auditors express their opinion on the reliability of accounting, and this opinion cannot be an element of the reporting itself.
Audit report: mandatory or not?
Most ordinary Ltd. publish reports are not required. CJSC is the same. The audit report has not been included in the reporting since 2013, which means that the tax authorities are not entitled to penalize its absence, as it sometimes happened.And who is entitled? Who is going to force an LLC or CJSC, which is subject to a mandatory audit, to conduct this very audit? It turns out that no one. There is no direct responsibility: neither tax nor administrative. In fairness, I will note that until 2013, the sanctions were hardly prompted to anyone. 200 rubles under article 126 of the Tax Code of the Russian Federation for the lack of a conclusion in the annual accounts were simply ridiculous in comparison with the cost of the audit itself. Yes, and the tax was not always able to sue this fine. In particular, the discrepancy between the norms of the old Law on Accounting and Civil Law interfered. The first ordered within 90 days after the end of the year to submit reports already approved by the participants. And the norms of the LLC Law allow to hold an annual meeting of participants, at which, in particular, reporting is approved no later than April 30. Joint-stock companies can do nothing until the end of June.
Organization of the preparation of the audit
Naturally, the audit was appointed under these terms, and not under the dates established by the old Law on Accounting, which made the conclusion come later. For some courts, this was enough to cancel the already meager fine.Sometimes organizations complained about the sluggishness of auditors, they say, we signed a contract long ago, and they delayed the audit. It also acted from time to time. But more often the inspectors won. However, taking into account the amount of the fine, it was a Pyrrhic victory for the budget, since the costs clearly more than offset the sanction imposed.
Mandatory audit not carried out: consequences.
But back to current affairs. So, the audit report from 2013 is not part of the annual accounts. There is no direct responsibility for evading mandatory audit. “It hurts” can only be done to an open joint-stock company if the territorial subdivision of the Federal Service for Financial Markets finds that the company has not published the auditors' opinion, and also if the sources for obtaining audit evidence are correct. There are two options: either the Federal Financial Markets Service will prescribe this violation, and when the company does not fulfill the requirement, it will be fined under Part 9 of Article 19.5 of the Administrative Code for 500,000 - 700,000 rubles. Either the Federal Financial Markets Service will immediately issue a fine in part 2 of Article 15.19 in the amount of 700,000 to 1,000,000 rubles for evading the disclosure of mandatory information. The courts, of course, support the Service, however, tend to consider the offense to be insignificant and are limited to a warning.
Who needs an audit report?
A little more about the mandatory audit for LLC and JSC. Yes, there is no direct punishment for ignoring him. But with such a volume of business: 400 million rubles of revenue or 60 million rubles of the value of assets at the end of 2011, the organization itself must be interested in independent verification of statements. The auditor is not over the chief accountant, he is near. He is an assistant, not an auditor. And already simply because the view of the auditor is not intent, he may notice that among the routine was left without accounting attention.