Submission of VAT Report: Accountability and Responsibilities of the Accountant
Submitting periodic reports is mandatory. According to the article of the Code of Conduct No. 6 of Law 57088 / 24-12-2013, the Accountant-Tax preparer must provide his professional services in accordance with the applicable law. It is its responsibility to keep track of schedules for their timely submission, but also to inform counterparties in a timely manner and to let them know that their failure to submit in general or submitting in time , will have negative consequences for them.
Based on the provisions of Law 2873/2000 the Accountant – Tax preparer is responsible for the proper transfer of the financial data in the books. If he finds that its periodic VAT report is incorrect, he cannot delete it. However, it may be possible to make an amendment declaration with the beholden being liable to pay the extra difference, or to be entitled to a refund of the excess.
The Accountant – Tax preparer, since the beginning of the cooperation with his client, has taken responsibility for him. He must be diligent and transfer data correctly to the periodic report. Submitting a declaration that is inconsistent with the books, resulting in the client paying the wrong amount of VAT, will result in a fine to the client.
In addition, late reports, or mistakes by fraud, or negligence, and generally by the fault of the Accountant-Tax preparer, bring fines which the client is entitled to claim as compensation in order to adjust the damage.
More specifically, with regard to the liability of Accountants - Tax preparers, according to article 66 of Law 4337/2015 which states that if a crime of tax evasion in order to prevent payment is committed, there is a penalty of up to two years imprisonment if the amount of return exceeds 50,000 €. Subsequently, in the event of false or fraudulent tax information being issued, whether or not tax payment is avoided, a prison sentence of 3 months is imposed. If the documents have a total value of more than € 75,000, the penalty is likely to be five years, with a maximum penalty of ten years if the total value of the fake documents exceeds € 200,000.
For the crimes of the law mentioned above, the conversion and suspension of the sentence is permitted under Articles 82 and 99 of the CC. In the event of a first offense, each day of imprisonment is converted into a fine of 20 to 100 euros. A second offense may not be repeated again.