Who is responsible for preparing accounting reports?
Drawing up financial statements and submitting them to regulatory authorities is an indispensable condition for those economic entities that, in accordance with the Law “On Accounting” dated December 6, 2011 No. 402-FZ (hereinafter referred to as Law No. 402-FZ) must keep accounting records.
You can read more about the rules and regulations specified in the above law in this section.
And almost all organizations are required to maintain it, regardless of the scale of activity, organizational and legal form of ownership and the chosen taxation regime.
NOTE! Individual entrepreneurs and structural divisions of foreign companies are exempt from the obligation to submit accounting reports if they keep correct tax records of income, expenses and other taxable items.
Failure or late submission of any reports is fraught with dire consequences. So, if an enterprise forgets to submit its accounting reporting forms to the inspectorate, then a fine of 200 rubles will be imposed on the organization itself. for each form, and for officials - from 300 to 500 rubles.
Find out what other liability is possible for late submission of financial statements and violation of accounting rules in the Guide from ConsultantPlus. You can watch K+ materials for free by signing up for a trial access to the legal system.
First statistical reporting
In accordance with Article 8 of the Federal Law of November 29, 2007 No. 282-FZ “On official statistical accounting and the system of state statistics in the Russian Federation,” respondents, including newly created organizations, are obliged to provide free of charge to the subjects of official statistical accounting the information necessary for the formation of official statistical information. Rosstat is a federal executive body that carries out the functions of generating official statistical information.
Close Submission of state statistical observation forms to statistical authorities is mandatory for all reporting entities
Federal statistical observation forms and instructions for filling them out are provided free of charge. In addition, in the branches of Rosstat there are stands with forms of statistical observation forms, as well as samples and instructions for filling them out, and some of them have consulting departments to provide assistance to reporting organizations.
Since there are many forms of statistical reporting and the need for their submission depends on the type of activity, it is advisable for a newly created organization to seek clarification from its territorial body of Rosstat.
Close In a simplified manner, small and medium-sized businesses, recognized as such on the basis of Federal Law of July 24, 2007 No. 209-FZ, report on primary statistical data
The newly created organizations submit primary statistical data to the territorial bodies of Rosstat using the approved forms of federal statistical observation in accordance with the instructions for filling them out. Addresses, submission deadlines and frequency are indicated on the forms themselves. This is stated in paragraph 4 of the Regulations on the conditions for mandatory submission of primary statistical data and administrative data to subjects of official statistical registration. In this case, the head of the newly created organization must appoint officials authorized to provide statistical information on behalf of the legal entity.
Close In accordance with Rosstat order No. 185 dated 12.08.2008, organizations do not submit interim (quarterly) financial statements to the territorial body of Rosstat Close 4 The regulation was approved by Decree of the Government of the Russian Federation dated 08.18.2008 No. 620.
Failure to submit (untimely submission) by respondents administrative and (or) statistical data or submission of unreliable administrative and (or) statistical data to the territorial bodies of Rosstat in accordance with paragraph 14 of the said Regulations entails the responsibility of the respondents as provided for by law.
Thus, according to Article 13.19 of the Code of Administrative Offenses of the Russian Federation, an administrative fine of 3,000 to 5,000 rubles is provided for the violation by an official responsible for the presentation of statistical information necessary for conducting state statistical observations of the procedure for its presentation, as well as for the presentation of unreliable statistical information. Based on paragraph 1 of Article 15 of Law No. 129-FZ, all organizations (including newly created ones) are required to submit the first annual and each subsequent annual financial statements to the territorial body of Rosstat at the place of registration.
According to Article 19.7 of the Code of Administrative Offenses of the Russian Federation, for failure to submit annual financial statements to the territorial body of Rosstat, an organization (including a newly created one) may be brought to administrative liability in the form of a fine:
- from a legal entity - from 3000 to 5000 rubles,
- official - from 300 to 500 rubles.
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How does the registration date affect the obligation to submit accounting records to regulatory authorities?
In general, the reporting period for financial statements is a calendar year - from January 1 to December 31. This period will be slightly different for companies registered or reorganized/liquidated during the year.
You can learn how to draw up a liquidation balance sheet from the article “Liquidation balance sheet - an example of a zero balance sheet in the new form.”
An important date for newly created legal entities is September 30:
- If registration occurred before this date, then you will have to report for the current year. The reporting period for a newcomer will be from the moment of registration to December 31. You will have to submit your accounting reports to the tax office and Rosstat before March 31 of the year following the year of creation.
- If an entry was made in the Unified State Register of Legal Entities after September 30, then the reporting period for such an organization will be the period from the moment of registration to December 31 of the following year. Thus, it will be necessary to submit financial statements to the regulatory authorities only a year after creation, but also before March 31.
IT SHOULD BE NOTED! Part 3 art. 15 of Law No. 402-FZ does not prohibit newly registered economic entities from reporting for the current year if they were created after September 30. That is, such enterprises have a choice of what their first reporting period will be.
The organization was created at the end of the year. Features of reporting
It is known that in accordance with paragraph 2 of Art. 14 of the Federal Law on Accounting[1] for organizations created after October 1, the first reporting year is considered to be the period from the date of their state registration to December 31 of the following year. Thus, it is not required to prepare and submit financial statements for the year in which the organization was created, provided that the date of state registration of the legal entity falls on a period later than October 1. What about tax calculations? Details are in the material presented to the attention of readers.
Features of determining the tax period for newly created legal entities
Any accountant is well aware of the following provisions:
Type of tax | Taxable period | Reporting period | Note |
Income tax | Calendar year | 1. First quarter, half year and nine months of the calendar year. 2. A month, two months, three months and so on until the end of the calendar year - for taxpayers calculating monthly advance payments based on the actual profit received | Art. 285 Tax Code of the Russian Federation |
VAT | Quarter | — | Art. 163 Tax Code of the Russian Federation |
Property tax | Calendar year | First quarter, half year and nine months of the calendar year | Art. 379 Tax Code of the Russian Federation |
Personal income tax | Calendar year | — | Art. 216 Tax Code of the Russian Federation |
Transport tax | Calendar year | First quarter, second quarter, third quarter | Art. 360 Tax Code of the Russian Federation |
Land tax | Calendar year | First quarter, second quarter, third quarter | Art. 393 Tax Code of the Russian Federation |
Single tax in connection with the use of simplified taxation system | Calendar year | First quarter, half year and nine months of the calendar year | Art. 346.19 Tax Code of the Russian Federation |
However, a special procedure for determining the tax period applies to newly created organizations. In particular, in paragraph 2 of Art. 55 of the Tax Code of the Russian Federation states: if an organization was created after the beginning of the calendar year, the first tax period for it is the period from the date of its creation to the end of that year. In this case, the day of creation of the organization is recognized as the day of its state registration. When an organization is created on a day falling within the time period from December 1 to December 31, the first tax period for it is the period from the date of creation to the end of the calendar year following the year of creation.