Екатерина Уцына
3DDock / Depositphotos.com
ФНС России выпустила письмо с разъяснениями о том, в каком виде можно предоставлять затребованную налоговой инспекцией информацию (письмо ФНС России от 24 мая 2019 г. № ЕД-4-2/9885@ «О возможности представления в налоговый орган информации по телекоммуникационным каналам связи в виде скан-образа текста»).
По общему правилу истребуемые проверяющими документы могут быть представлены проверяемым лицом лично или через представителя, направлены по почте заказным письмом либо переданы в электронной форме по телекоммуникационным каналам связи (далее – ТКС) или через личный кабинет налогоплательщика (п. 2 ст. 93 Налогового кодекса). Порядок предоставления документов по ТКС установлен ФНС России (далее – Порядок, утв. приказом ФНС России от 17 февраля 2011 г. № ММВ-7-2/168@). В нем, в частности, указано, что истребуемый документ составляется в электронном виде по установленным форматам и должен содержать реквизиты принятого требования о представлении документов. Также он подписывается цифровой подписью налогоплательщика и направляется по ТКС в адрес налогового органа (п. 20 Порядка). При этом фиксируется дата отправки документа налоговым органом.
О том, как правильно предоставить документы на бумажном носителе по требованию налоговой инспекции, читайте в материале «Заверение копий истребуемых налоговым органом документов» в «Энциклопедии решений. Налоги и взносы». Получите полный доступ на 3 дня бесплатно!
Исходя из вышеуказанного, налоговая служба полагает возможным предоставлять по требованию инспекции документы в виде скан-образов, даже если на них не стоит физическая подпись. Ведь при отправке таких документов по ТКС, передаваемый файл будет подписываться цифровой подписью главного бухгалтера. В этом случае будет отсутствовать необходимость подтверждения полномочий главного бухгалтера.
Напомним, что законодательством предусмотрена налоговая ответственность в виде штрафа за непредставление затребованных документов в установленный срок, который составляет 200 руб. за каждый документ (п. 1 ст. 126 НК РФ). Также предусмотрен и административный штраф для должностных лиц – от 300 до 500 руб. (ст. 15.6 КоАП). При этом, если в требовании не указано точное количество запрашиваемых документов, то привлечь к налоговой ответственности налогоплательщика не получится.
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