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Accounting & tax records

Examining accounting records: fictitious and goodless transactions, VAT schemes, understated income.

Examination of accounting and tax records and reporting is specialism 11.1, the most common in tax disputes and in criminal cases with an economic element. Its subject is simple to state and demanding to perform: do the documents supplied support the figures set out in an audit report, an indictment or a statement of claim?

The anchor rule is Article 44 of the Tax Code: the data in tax reporting must be supported by primary documents, accounting registers and financial statements. The requirement cuts both ways — the controlling authority cannot build an assessment on tax information alone, without primary documents. Typical subjects of study are goodless and unreal transactions, VAT “twist” schemes, overstated input VAT credit, unconfirmed expenses, understated income and payroll calculations.

The expert needs contracts with annexes, outgoing and tax invoices, acceptance acts, transport documents, cash and bank documents, trial balances, the general ledger, returns and calculations, and the accounting policy order. What the expert does not do is establish the “fictitiousness” of a counterparty or qualify the conduct of officials: those are legal assessments reserved for the court.

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Frequently asked questions

Can an expert establish that a counterparty is fictitious?

No. “Fictitiousness” is a legal assessment made by the court. The expert answers an economic question: are the supply, the payment, the recording in stock and the onward movement of the goods supported by documents? It is the sum of those answers that builds the evidence on whether a transaction was real.

Is an examination possible if documents were seized in a search?

Yes. The study can be based on duly certified copies or on documents obtained in the manner the procedural law provides, including temporary access to items and documents. What matters is that the copies are complete and legible: fragmentary scans without visible requisites will not be accepted for study.

Which documents are needed for an accounting examination?

At minimum: primary documents for the period, accounting registers and trial balances, the general ledger, financial and tax reporting, contracts with counterparties and the accounting policy order. Where VAT is at issue, tax invoices and data from the Unified Register of Tax Invoices are added.

Can an expert confirm a transaction without primary documents?

No. A bank statement shows the movement of money but does not by itself prove that goods were delivered or works performed. Without primary documents the expert will record that the fact cannot be established from the materials supplied — an honest result, not a flaw in the study.

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