Who is obliged to conduct a statutory audit. How is the statutory audit carried out in Russia? What you need to know

How much will it cost a company not to conduct a statutory audit? In this article, we will consider possible sanctions from the company's regulatory bodies for the lack of an audit report. The consequences of not conducting an audit (in addition to fines for the lack of an audit report) may affect the financial and economic activity companies.

Let us analyze which regulatory authorities can fine a company for the lack of an audit report, which, in fact, means a failure to conduct a statutory audit.

Fines from the tax service

Liability that can be imputed by the tax authority for failure to submit set time documents, provided for by clause 1 of article 126 of the Tax Code of the Russian Federation.

So, the cost of failure to submit tax authorities 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 Activity" (hereinafter referred to as the Law No. 307-FZ) audit report is an official document intended for users of the accounting (financial) statements of the audited entities, containing the opinion of the auditing organization, the individual auditor expressed in the prescribed form on the reliability of the accounting (financial) statements of the audited entity.

From the above it follows that the auditor's report is not a document serving as the basis for calculating and paying (withholding and transferring) taxes, fees, as well as a document confirming the correctness of the calculation and timeliness of payment (withholding and transferring) taxes, fees, and, therefore, the tax authority has no reason to impose a fine under clause 1 of Article 126 of the Tax Code of the Russian Federation for failure to submit it. This position is shared by the arbitration courts (resolution of the Eleventh Arbitration Court of Appeal dated March 24, 2016 No. A55-24924 / 2015).

In addition, the auditor's report is no longer included in the annual accounting (financial) statements (clause 1 of article 14 of the Law dated 06.12.2011 No. 402-FZ "On accounting") submitted to the tax authorities, and therefore the tax authorities does not have the right 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 Administrative Code entered into force, which provides for fines for gross violation of the rules accounting and reporting, including for the absence of an auditor's report on the accounting (financial) statements (if the audit of the accounting (financial) statements is mandatory).

The amount of fines provided for by the updated version of article 15.11 of the Code of Administrative Offenses is:

from 5 thousand rubles to 10 thousand rubles (for officials);

in case of 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 limitation period for bringing to administrative responsibility is 2 years from the date of such an offense.

Who can initiate the imposition of such a fine?

Officials are authorized to draw up protocols on administrative offenses:

tax authorities (subparagraph 5 of paragraph 2 of article 28.3 of the Administrative Code);

executive bodies exercising control and supervision functions in the financial and budgetary sphere (subparagraph 11 of paragraph 2 of article 28.3 of the Administrative Code);

The Accounts Chamber of the Russian Federation and the control and accounting bodies of the constituent entities of the Russian Federation (subparagraph 3 of paragraph 5 of article 28.3 of the Administrative Code)

Fines from ROSSTAT

For failure to submit an audit report to the set of financial statements submitted to Rosstat (in the case of a mandatory audit), the organization and its official may face an administrative fine (Article 19.7 of the Administrative Code of the Russian Federation):

• from 300 to 500 rubles (for officials);
• from 3 thousand to 5 thousand rubles (for legal entities).

At the same time, the imposition of a fine does not relieve the organization from the obligation to submit an audit report to the statistics authorities (clause 4 of article 4.1 of the Administrative Code of the Russian Federation).

Fines from the Bank of Russia

The most serious sanctions can be imposed by the Bank of Russia.

A public JSC is obliged to disclose its annual report and annual accounting (financial) statements (Article 92 of the Federal Law of December 26, 1995 No. 208-FZ "On Joint Stock Companies", hereinafter referred to as Law No. 208-FZ).

Content requirements annual report joint stock companies are established in the Regulation on Disclosure of Information by Issuers of Issue valuable papers, approved The Bank of the Russian Federation dated 30.12.2014 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 website on the Internet no later than three days from the date of drawing up an auditor's report expressing in the prescribed form the opinion of the audit organization on its reliability (clause 71.4 of the Regulations). Recall that statutory audit is carried out in cases where the company has the organizational and legal form of JSC (subparagraph 1 of paragraph 1 of article 5 of the Federal Law of December 30, 2008, No. 307-FZ "On auditing").

The absence of information subject to disclosure in accordance with this Regulation, without sufficient grounds for that, is the basis for bringing the issuer to responsibility, as well as for establishing restrictions on the circulation of securities in accordance with the legislation of the Russian Federation (clause 2.13 of the Regulation).

Administrative responsibility for this violation is provided for in paragraph 2 of Art. 15.19 of the Administrative Code.

So, the disclosure of information is not in full (the financial statements must be disclosed together with the auditor's report), and (or) inaccurate information, and (or) misleading information entails the imposition of an administrative fine:

• from 30 thousand rubles to 50 thousand rubles (for officials) or their disqualification for a period of 1 to 2 years;
• from 700 thousand rubles to 1 million rubles (for legal entities).

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 the audit report on the website in the information and telecommunications network "Internet", the court reduced the fine to 350 thousand rubles (Resolution of the CA of the North-Western District of 02/10/2016 No. A56-30455 / 2015, the RF Constitutional Court of February 25 .2014, No. 4-P).

Auditing is a process independent evaluation activities of an enterprise, an individual entrepreneur.

Its purpose is to determine the reliability of reporting (accounting and financial).

The concept of "audit" is much broader than just a control function and audit.

Auditors, in addition to verification work, perform tasks to optimize the tax and economic activities of the enterprise, focused on increasing profits and more rational use of funds.

Internal audit and its types

An on-going audit can exist within the enterprise.

This is an internal audit, which is exclusively voluntary, that is, it is carried out at the initiative of the economic entity itself (founder, owner, director).

In turn, it is subdivided into mandatory and voluntary audits (carried out at organizations of any form of ownership by order of the management - the owner, founders).

External auditors or audit companies are invited to conduct the audit

The main stages, tasks and objectives of the audit are formulated by the initiator of the audit and reflected in the audit agreement for the provision of services.

Most often, an initiative audit is carried out:

1. to obtain an expert opinion on the conduct of tax and accounting at the enterprise;
2. if the owner (founder) doubts the competence of the chief accountant;
3. during the reporting period, there were changes in the legislation regulating the activities of enterprises,
4. the audit is ordered by the bank before lending to the enterprise.

Enterprises subject to statutory audit

In our country, the procedure for the procedure

statutory audit

A number of enterprises are prescribed in this legislative act, which are subject to mandatory audit. These include:

1. Companies with the organizational and legal form of JSC;
2. Organizations-issuers of securities, which are traded on stock exchanges, or carry out activities with securities;
3. Banks, credit institutions;
4. insurance and clearing companies;
5. extrabudgetary funds (excluding state ones);
6. stock, commodity and currency exchanges;
7. non-state pension fund, joint stock fund, mutual investment funds;
8. firms operating in the securities market professionally;
9. Enterprises (with the exception of state authorities, agricultural cooperatives, local governments, unitary enterprises) that have proceeds from activities (sale of goods, services, performance of work) exceeding 400 million rubles, or the amount of balance sheet assets at the end of the reporting period - 60 million rubles;
10. Organizations that publish their reports in the media;
11. Other cases.

In the above organizations, a mandatory audit takes place every year

For its implementation, qualified private auditors and audit organizations with a certificate are involved.

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Organizations in which the share of state participation is not less than 25% are subject to mandatory audit.

The auditing organization for the audit is selected on a competitive basis.

The rules and regulations of the competition are established by the Government of the Russian Federation.

Statutory audit criteria

Mandatory audit

imposes certain obligations on the auditing organization - the criteria for statutory audit.

These include:

1. When carrying out a mandatory audit, the audit is carried out in full:

• all economic activities of the organization are analyzed,
• all its sectors, property, liabilities,
• stocks of goods and materials,
• analysis of settlements with the budget and funds, founders,
• balance sheet assets and liabilities, their breakdown,
• representative enterprises, branches;

2. The auditor's conclusions must be unambiguous, and the reliability of the information provided must be either confirmed or not;

3. During mandatory inspection, auditors must comply with all audit standards (rules) that determine the actions of the inspector in a specific situation.

Subjects of a statutory audit, when evading a compulsory audit or obstructing its conduct, are subject to penalties by a court decision.

The penalty can be in the form of a fine:

• from an economic entity - 100-500 times the minimum wage,
• from the head - 50-100 times.

The collected amounts are sent to the federal budget revenues.

Activity of audit companies

An audit company is commercial organization, the purpose of which is to make a profit from the provision of accounting, legal, auditing services,

The economic activity of the organization requires increased attention to assets, resources and cash flow. An audit is used to identify errors. What is a statutory audit for an LLC in 2020?

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For legal entities in Russia, the most popular form of incorporation is a limited liability company. Most of small and medium-sized businesses are registered as LLC.

In this case, it is assumed that certain requirements are met, one of which is the conduct of audits. How is a statutory audit conducted for an LLC in 2020?

What you need to know

In addition, this way you can make sure that the reporting is correct and prevent the occurrence of unexpected fines and increased taxes.

The audit is carried out by independent audit firms. A mandatory requirement for them is the availability of auditing activities.

Auditor services are provided on a paid basis. But these costs are more than reasonable, since some errors in reporting can lead to very serious losses.

What is its role?

An audit involves more than just checking accounting activities. Based on the results of the check, it is possible to analyze the interaction between various departments and services and the accounting department.

Based on the audit findings, it is possible to assess the efficiency of the enterprise as a whole, identify the main risks and eliminate significant flaws in production activities.

A positive auditor's report becomes:

An auditor's report on the reliability of reporting for a certain period is issued based on the results of the mandatory.

Also, the management is presented with a report on the audit with an indication of the detected violations or distortions of accounting and recommendations for their correction.

An organization subject to statutory audit submits an auditor's report to Rosstat along with annual financial statements.

The submission of the opinion is carried out within ten days from the date of completion of the audit, but no later than December 31st of the following year.

Legal regulation

For new organization the first reporting year is the time interval:

Checked objects

An audit is the collection of audit evidence, its assessment and analysis. In this case, the list of scanned objects depends on the applied scan method.

An audit can be:

Documentary and factual checks can be carried out in a continuous, selective or combined method.

Order of conduct

An audit can be divided into three main stages:

Accrual of fines

If you do not conduct a statutory audit, the LLC faces a fine. This is also provided for by clause 11 of article 15.23.1.

According to these regulations, they can be fined from twenty to thirty thousand rubles or disqualified for up to one year.

As for legal entities, for such a violation they face a fine from five hundred to seven hundred thousand rubles.

If the audit is carried out, but the opinion is not submitted to Rosstat or is filed with a delay, an administrative fine is specified.

An official is fined from ten to twenty thousand rubles, and an organization - from twenty to seventy thousand rubles.

For a repeated violation, the fines increase - thirty to fifty thousand rubles and one hundred to one hundred and fifty thousand rubles, respectively. It is not necessary to submit an auditor's report to the tax office, since it is not included in the financial statements.

But if the audited statements of the LLC are published, then the auditor's report should also be published.

Is it done when re-registering JSC into LLC

Notes that the transformation of a legal entity is considered a reorganization.

In accordance with the law on state registration of legal entities, the reorganization is considered completed after the official registration of a new legal entity, while the transformed entity is considered to have completed its activities.

Thus, when re-registering a JSC into an LLC, it turns out that one organization has ceased its activities, and the other has become a newly created legal entity.

Is the LLC subject to mandatory audit in in this case? On 1.09.2014, amendments to the civil legislation came into force. Most of them concern legal entities.

It follows from this that although during the reorganization an LLC appears, which in the first year of its activity is not subject to verification, an audit is necessary for a JSC.

In addition, there is such a thing as an audit. special purpose... This is carried out at or organizations.

Its purpose is to confirm the correctness of reporting, the value of assets and liabilities. In the course of a special audit, compliance with the legislative norms of the constituent documents is audited.

At the end of the audit, an audit report is prepared with a positive or negative result.

Mandatory audit allows you to make "transparent" financial documentation. This, in turn, speaks of the honesty and openness of the business.

An objective opinion of the auditor allows to identify many risks and eliminate significant errors. Therefore, recently, many organizations that are not subject to a statutory audit have ordered a voluntary audit.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

Situations in the event of which an audit is carried out in mandatory, are regulated by the Federal Law of 30.12.2008 N 307-FZ "On auditing" (hereinafter - Law No. 307-FZ).

According to Part 1 of Art. 5 of Law No. 307-FZ, a mandatory audit is carried out in the following cases:

• if the organization has the organizational and legal form of a joint stock company;
• if the organization's securities are admitted to organized trading;
• if the organization is credit institution, the Bureau credit histories, an organization that is professional participant the securities market, an insurance organization, a clearing organization, a mutual insurance company, a trade organizer, a non-state pension or other fund, a joint-stock investment fund, management company a joint-stock investment fund, a mutual investment fund or a non-state pension fund (with the exception of state off-budget funds);
• if the volume of proceeds from the sale of products (sale of goods, performance of work, provision of services) of the organization (except for state authorities, local governments, state and municipal institutions, state and municipal unitary enterprises, agricultural cooperatives, unions of these cooperatives) for the previous 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;
• if the organization (with the exception of the state authority, local self-government body, state non-budgetary fund, as well as state and municipal institutions) submits and (or) discloses the annual consolidated (consolidated) accounting (financial) statements;
• in other cases established by federal laws.

Mandatory audit is carried out annually.
The selection and approval of the auditor, determination of the amount of payment for his services falls within the competence of the general meeting of shareholders or participants of the company (subparagraph 10, paragraph 2 of article 33 of the Federal Law No. 14-FZ "On limited liability companies, subparagraph 1 of part 1 of article 48 of the Federal Law No. 208-FZ "On Joint Stock Companies").

Acting the federal law No. 307 - FZ "On Auditing" (hereinafter referred to as Federal Law No. 307-FZ) defines an audit as an independent check of the accounting (financial) statements of the audited entity in order to express an opinion on the reliability of such statements.

Who conducts the statutory audit?

Cases of statutory audit are fully disclosed in Article 5 of the Federal Law of 30.12.2008. N307-FZ "On audit activity". A statutory audit is performed by an auditing organization or an individual auditor.

There are a number of cases when statutory audit can only be carried out by audit organizations. Such cases are, for example, a 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 whose authorized (joint-stock) capital the share of state ownership is at least 25 percent , state corporations, state-owned companies, public companies, as well as accounting (financial) statements included in the securities prospectus, and consolidated financial statements (Clause 3, Article 5 of Federal Law No. 307-FZ).

In addition, there are cases of additional requirements for audit companies. So, for example, in an open tender for the conclusion of a contract for the audit of the accounting (financial) statements of an organization, the volume of proceeds from the sale of products (sale 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 that are subjects of small and medium-sized businesses.

Based on the results of the statutory audit, the audit company usually issues:

• a written report for the owners and management of the audited entity, which provides information on the audit performed, as well as violations identified by the auditor who conducted the audit and recommendations for their elimination. This is a confidential document containing important information about a client's business.
• an auditor's report is an official document drawn up in accordance with the current legislation in an approved form.

Employees of AC Osnova Capital will conduct a mandatory audit of the company efficiently and quickly. It remains only to call

"New accounting", 2007, N 12

In what cases is a statutory audit carried out? Who conducts the statutory audit? What is reflected in the auditor's report? What threatens the firm for not submitting an audit report in the reporting? You will find the answers to these questions in our article.

Legal basis

The legal framework for the regulation of auditing in Russian Federation defines the Federal Law of 07.08.2001 N 119-FZ "On Auditing" (hereinafter - Law N 119-FZ). The audit is carried out in accordance with this Law, other federal laws and other regulatory legal acts on auditing, issued in accordance with Law N 119-FZ (clause 2 of Art. 1 of Law N 119-FZ).

Such acts include the Rules (standards) of auditing activities, which are approved by the Decree of the Government of the Russian Federation. They represent uniform requirements for the procedure for the implementation of audit activities, the design and assessment of the quality of the audit (clause 1 of article 9 of Law N 119-FZ). At present, the Rules (standards) of auditing are in force, approved by the Decree of the Government of the Russian Federation of 23.09.2002 N 696 (hereinafter referred to as the Rules (standards)). These Rules (standards) are mandatory not only for audit organizations and individual auditors, but also for audited entities, with the exception of provisions that are of a recommendatory nature (clause 3 of article 9 of Law N 119-FZ).

Mandatory audit is an annual mandatory audit of accounting and financial (accounting) statements of an organization and an individual entrepreneur (clause 1 of article 7 of Law N 119-FZ).

There is a contractual relationship between the audit organization and the audited firm. The contract for a statutory audit is an agreement for the provision of services for a fee (clause 2 of article 779 of the Civil Code of the Russian Federation). The subject of this agreement is the audit by the audit firm (performer) of the reliability of the financial (accounting) statements and the correctness of the accounting of the organization (customer). Under the contract, the customer is obliged to pay for the services rendered to him within the time frame and in the manner specified in the contract for the provision of paid services (in our case, audit services) (clause 1 of Art. 781 of the Civil Code of the Russian Federation).

In what cases is a statutory audit carried out?

The following are subject to mandatory audit (clause 1 of article 7 of Law N 119-FZ):

1. credit institutions, credit bureaus, insurance organizations, mutual insurance societies, commodity and stock exchanges, investment funds, state non-budgetary funds, the source of which is the compulsory contributions of citizens and organizations, funds, the sources of which are voluntary contributions from citizens and organizations;
2. organizations (excluding agricultural cooperatives and their unions) and individual entrepreneurs (hereinafter - IP), the volume of revenue of which for one year exceeds 500 thousand minimum wages<*> or the amount of balance sheet assets exceeds 200 thousand minimum wages at the end of the reporting period<*>.

1. state unitary enterprises, municipal unitary enterprises established on the basis of the right of economic management, if their performance indicators correspond to paragraph 3 of this list. For municipal unitary enterprises by the law of the subject of the Russian Federation financial indicators can be downgraded;
2. organizations and individual entrepreneurs, the mandatory audit of which is provided for by federal laws.

Example. Let's say that the annual revenue of the OJSC was 60 million rubles. On which of the grounds listed in paragraph 1 of Art. 7 of Law N 119-FZ, is the organization subject to mandatory audit?

From the condition of the example it follows that the organization is subject to a statutory audit on two grounds. First, the organizational and legal form is OJSC; secondly, the volume of revenue for the year exceeds the minimum wage 500 thousand times.

The fact that the organization is an OJSC obliges it to conduct a mandatory audit regardless of the amount of revenue. Therefore, in this case, compare the revenue with limit value according to paragraphs. 3 p. 1 art. 7 of Law N 119-FZ is not needed.

Let us dwell in more detail on item 3 of the above list. In order to compare the revenue with the limit value, you need to take the indicator reflected in the line "Revenue (net) from the sale of goods, products, works, services (net of value added tax, excise taxes and similar payments)" of Form No. 2 "Report on profit and loss ".

For balance sheet assets, the indicator reflected in line 300 of form N 1 "Balance sheet" is used.

Forms Nos. 1 and 2 were approved by Order of the Ministry of Finance of Russia dated July 22, 2003 N 67n.

What other organizations, besides those directly listed in Law N 119-FZ, are subject to mandatory audit?

For example, non-state pension funds are subject to mandatory audit. This is provided for by Art. 22 of the Federal Law of 07.05.1998 N 75-FZ "On Non-State Pension Funds". Issuers of securities are also subject to compulsory audits (clause 9, article 22 of Federal Law No. 39-FZ of 22.04.1996 "On the Securities Market").

The statutory audit also applies to developer organizations. The norm of pp. 6 p. 2 art. 20 of the Federal Law of 30.12.2004 N 214-FZ "On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation" obliges the developer to submit an audit report to any person who applies for it.

It follows from this: the developer must annually conduct an audit, which, within the meaning of the law, is mandatory for him.

Agricultural cooperatives stand apart. There is no direct indication that they must conduct a statutory audit from Law No. 119-FZ. Therefore, you need to be guided by the Federal Law of 08.12.1995 N 193-FZ "On Agricultural Cooperation" (hereinafter - Law N 193-FZ). Law N 193-FZ does not contain the norms that would oblige agricultural cooperatives to carry out a mandatory check.

The law provides for an audit carried out by auditors-consultants who are employees of the audit union or are involved under civil law contracts (Art. 32 of Law N 193-FZ). An audit is mandatory for agricultural cooperatives.

This conclusion is based on the fact that the composition of the financial statements must include the conclusion of the Auditing Union of Agricultural Cooperatives (subparagraph "g" of paragraph 2 of Article 13 of the Federal Law of 21.11.1966 N 129-FZ "On Accounting").

Who conducts the statutory audit?

As mentioned above, the statutory audit must be carried out by audit firms (clause 2 of article 7 of Law N 119-FZ). They carry out an audit based on a license to provide audit services. This requirement is established by clause 2 of Art. 4 of Law N 119-FZ. It should be noted that from July 1, 2008, the licensing of audit activities is terminated. These amendments by the Federal Law of 19.07.2007 N 135-FZ were introduced into the Federal Law of 08.08.2001 N 128-FZ "On licensing certain types of activities".

As for individual auditors, they are not entitled to carry out a statutory audit. Considering the complaint of an individual auditor licensed to conduct a general audit on violation of constitutional rights due to the fact that a mandatory audit is carried out only by audit organizations, the Constitutional Court of the Russian Federation established the following. The provision of paragraph 2 of Art. 7 of Law N 119-FZ, according to which a mandatory audit is carried out by audit organizations, does not infringe on the rights of individual auditors and does not contradict the Constitution of the Russian Federation.

When choosing an audit organization, the firm should pay attention to some points. When conducting an audit in an organization, authorized capital which is at least 25% owned by the state or municipality, the audit organization is selected based on the results of an open competition (clause 2 of article 7 of Law N 119-FZ).

An important role in choosing an audit firm is played by the independence of auditors (Article 12 of Law No. 119-FZ). An audit cannot be carried out by auditors (audit organizations) who (whose heads) are the founders (participants) of the audited persons, officials responsible for accounting and reporting or who are closely related to the listed category of citizens.

Auditing firms and individual auditors are not entitled to conduct an audit in an organization to which they have provided services for the restoration and maintenance of accounting and reporting for the three years preceding the audit. These rules are provided for in paragraphs. 1 p. 1 art. 12 of Law N 119-FZ.

Audit report

Based on the results of the audit, an auditor's report is drawn up on the financial (accounting) statements (hereinafter - the opinion). It is an official document intended for users of the financial (accounting) statements of the audited entities. The opinion contains the opinion of the auditing organization on the reliability of financial (accounting) statements and on the compliance of the accounting procedure with the legislation of the Russian Federation (clause 1 of article 10 of Law N 119-FZ).

The auditor's report (or the conclusion of the auditing union, if the organization is an agricultural cooperative) is included in the financial statements (subparagraph "g" of paragraph 2 of article 13 of the Law "On accounting").

The conclusion specifies: addressee; information about the auditor and the audited entity. This is followed by the introduction; part describing the scope of the audit; the part containing the opinion of the auditor; date of the auditor's report; the auditor's signature (clause 4 of the Rules (standard) N 6). The conclusion must contain a list of audited statements indicating the reporting period and the composition of the statements (clause 7 of Rule (standard) No. 6).

The auditor must date the auditor's report with the date when the audit was completed (clause 20 of Rule (standard) No. 6). The report must be signed by the head or an authorized person of the audit firm. In this case, the number and validity period of his qualification certificate must be indicated. The signature must be sealed.

Due to the fact that the Rules (standards) of auditing are mandatory for both audit organizations and audited persons, the auditor's report must be presented to users in accordance with the requirements established by Rule (standard) No. 6.

Accounting for audit costs

In accounting, the organization's expenses for conducting an audit are accounted for as part of expenses for ordinary activities (clause 5 of PBU 10/99). They are reflected in an amount equal to the amount of payment or the amount accounts payable (Clause 6 PBU 10/99). Expenses are recognized if reporting periodin which they were made, regardless of the time of the actual payment money (Clause 18 PBU 10/99). When accounting for auditing services, the company has the right to deduct the VAT charged (clause 1, clause 2 of article 171, clause 1 of article 172 of the Tax Code of the Russian Federation). The right to deduction is granted, in particular, if transactions subject to VAT are carried out.

Example. Alpha LLC has signed an agreement with an auditing firm to conduct a statutory audit. The cost of audit services was RUB 118,000. (VAT - RUB 18,000).

In the accounting, the accountant of LLC "Alpha" needs to make the following entries:

Debit 26 - Credit 60

• RUB 100,000 - reflects the cost of audit services;

Debit 19 - Credit 60

• RUB 18,000 - VAT charged by the audit firm is taken into account;

Debit 68 / "Calculations for VAT" - Credit 19

• RUB 18,000 - accepted for deduction "input" VAT;

Debit 51 - Credit 60

• RUB 118,000 - reflected the payment on the basis of the contract for the provision of audit services.

* * *

For the purposes of taxation of profits, the costs of audit services are related to other costs associated with production and sales (subparagraph 17 of paragraph 1 of article 264 of the Tax Code of the Russian Federation). These costs must be economically justified and documented and made for the implementation of activities aimed at generating income (clause 1 of article 252 of the Tax Code of the Russian Federation).

The procedure for determining the date of recognition of the costs of auditing services depends on the method adopted for calculating income tax (accrual or cash basis).

Under the accrual method, the costs of audit services are taken into account for tax purposes in the reporting (tax) period to which they relate, regardless of the time of actual payment. Expenses are recognized in the period in which they arise based on the terms of the transaction (in clause 1 of article 272 of the Tax Code of the Russian Federation).

The date of incurring the costs of audit services can be considered:

• date of settlement in accordance with the terms of the agreement;
• the date of presentation of documents serving as the basis for settlements (for example, an act on the provision of services);
• the last day of the reporting (tax) period to which the expenses are related.

Such rules are established in paragraphs. 3 p. 7 art. 272 of the Tax Code of the Russian Federation.

One of the three above dates must be reflected in accounting policy organizations. The Ministry of Finance of Russia adheres to a similar point of view in its Letter dated August 29, 2005 N 03-03-04 / 1/183.

With the cash method, the costs of audit services are recognized for the purposes of taxation of profits after their actual payment (clause 3 of article 273 of the Tax Code of the Russian Federation).

Responsibility for the absence of an auditor's report in the reporting

Auditing firms can bear criminal, administrative, civil liability in accordance with the legislation of the Russian Federation (clause 1 of article 21 of Law N 119-FZ).

Currently, the legislation establishes tax and administrative responsibility for failure to submit an audit report to the tax inspectorate.

The auditor's report is a component of the financial statements for organizations that are subject to mandatory audit (subparagraph "g" of paragraph 2 of article 13 of the Law "On Accounting").

Accounting reporting organizations must submit to the tax authorities (subparagraph 5 of paragraph 1 of article 23 of the Tax Code of the Russian Federation). The deadline for submitting annual reports is 90 days after the end of the year. For a variety of reasons, an organization may not provide an audit report. In this regard, the organization can be fined in accordance with paragraph 1 of Art. 126 of the Tax Code of the Russian Federation. For each document not submitted, a fine of 50 rubles is charged.

In addition, the management of the organization may also be fined for "failure to provide information necessary for tax control" (Article 15.6 of the Administrative Code of the Russian Federation). The amount of the sanction is from 300 to 500 rubles.

The payment of the fine does not relieve the firm from the obligation to submit an audit report (part 4 of article 4.1 of the Administrative Code of the Russian Federation).

The maximum fine may be RUB 550.

"Economy and Life"