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/ Ask the Attorney / All revenues shall qualify as income?

All revenues shall qualify as income?

2018. 07. 26. 14:28 No Comments Wilhelm Bora

It is a daily practice for managers and employees alike that certain procurements need to be executed for the benefit of the Company. You don’t need to be part of the procurement department, even a secretary has to purchase coffee sometimes.

According to the current tax audit rules, when the private individual employee is unable to evidence with an original, authentic certificate that any cash received from the Company was properly accounted for, the Tax Authority will deem such cash amount received by the employee as an income derived by the employee.

The employee is expected to be able to present such evidence even if he/she no longer serves as the managing director or employee of the given Company, or even if the Company no longer exists, as for example it went through liquidation.

This case is made even more severe, if for any smaller companies, the cash handling policy states that as no cashier is employed, no separate cash receipt cashier certificate has to be issued, when a settlement takes place based on a cash receipt.

However, in some cases, the Tax Authority will not be happy with the certificate provided, but will expect such certificate to be also properly recorded by the Company’s accounting system.

So this means that if anyone, acting in a good faith, makes any purchases for the benefit of the Company, the given person shall pay special attention to get a proper certificate about his/her cash purchases, otherwise a few years later the Tax Authority might decide to declare any such amount as other income for the private individual (unless proper evidence is provided), and might levy a penalty to the private individual, including all applicable PIT, health contribution payment obligations, and late and default payment charges.

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