Enterprises shall comply with their obligation to publish and deposit their financial statements report by sending it electronically to the Company Information Service via the government’s portal until the last day of the fifth month after the last day of the relevant financial year - if the last day of the financial year is 31th December, as per general rule the deadline of submission is 31th May.
How shall the financial statement be uploaded? Is a company gate
Currently this obligation can be fulfilled via the a special online portal called „OBR”.
Companies are obliged from 1st January 2018 to handle issues electronically through official electronic access (company gate=„cégkapu”). So basically through the OBR portal such person shall file the FS, who is checked by the KAÜ system (central identifier agent), and is ordered to the official electronic access of the entity as authorized contact, either as company gate representative or administrator.
But according to current information, the person who uploads the financial statements can decide upon own responsibility whether to send it from
- the official electronic access of the entity (company gate), OR
- the personal client gateway („ügyfélkapu”, „KÜNY”).
Thus currently personal client gateway can be also still used for filing FS, using the company gate is not eh only obligatory option. This possibility is granted only until 1st June 2018, after that only the company gate representative or company gate administrator will have the right to upload the financial statements!
Which documents need to be uploaded electronically?
To publish the financial statemants an electronic form shall be filled in online. The data of the balance sheet and profit &loss statement is part of this data sheet, and the following documents shall be attached:
- notes to financial statements
- Independent auditor’s report (if the enterprise is subject to statutory audit or the enterprise has chosen an auditor)
- Founder’s resolution regarding the utilization of the after-tax profit
The listed documents must be produced in .pdf format. The law firmly prohibits the scanning of these documents.
It is worth to pay special attention to the resolution of the members. In this memorandum the members, owners not only accept the annual financial statements, but they shall decide upon the utilisation of the profit after taxation (decision about dividend or carry forward the results in the retained earnings) so it is essential that the text of the resolution should include the wording accordingly. The resolution number must be indicated on the electronic form, so it is important to put it clearly on the members’ meeting resolution too. If the enterprise fails to attach any of the prescribed documents, the Authorities will regard such default as non- compliance with the public obligation. No attachment can be submitted subsequently or separately.
Deadline: 31st May 2018 -strict penalties1!
In case of the financial statement not including all relevant information, or showing incorrectlyy, the tax office could charge the company up to 500 THUF penalty.
The Tax Authority checks all filed documents automatically, and if their audit reveals that the electronic form has not been received, in spite of the expiration of the deadline, the Tax Authority will take the following measures:
Measure 1: If the company fails to satisfy the obligation of deposit and publication of the financial report the Tax Authority will call upon the company to comply with its obligation within 30 days.
Measure 2: The Tax Authority will call another 30 days deadline and have the right to fine the company up to 200 thousand HUF.
Measure 3: If the company fails the above deadline, the Tax Authority will officially delete the company’s tax number immediately, without any further notice, and no suspension period and initiates the termination of the company electronically, by the registration court.
We kindly note, that against these quite strict rules of course there can be options to avoid the severe consequences or minimize the impact of them. Should such issue emerge, our colleauges are delighted to be at service and help with advisory.