When filing tax returns, a frequent doubt must be signed by a public accountant, here are the different cases in which the professional's signature may be necessary.
In the declarations of Sales Tax (VAT), National Consumption Tax (INC) and withholding tax, the signature of the public accountant is necessary when the gross assets or the gross income of the taxpayer (either natural or legal person) are over 100,000 UVT at the end of the last taxable period. Thus, during 2019, These have been presented signed by tax return accountant if, as of December 31, 2018, the equity or gross income exceeded $ 3,315,600,000; and in 2020, they must be signed, if as of December 31, 2019, the equity or gross income exceeded $ 3,427,000,000.
Another case in which VAT declarations must be signed by a public accountant is when they generate a favorable balance.
In addition, the entities that have an obligation to have a fiscal auditor must present the aforementioned tax declarations, with the signature of this inspection body.
It is worth noting that, in order for the accountant to be able to sign these obligations properly, he must be registered with such quality in the company's RUT, possess an electronic signature and authorize said instrument at the time of signing. If these formalities are not fulfilled, the declaration must be presented again, since it is understood as not filed, paying a correction penalty corresponding to 2% of the death for extemporaneousness (5% of the charge or withholding tax for each month or fraction) without exceeding 1,300 UVT ($ 44,551,000 in 2019).
National Tax Statute
The signature of a public accountant or statutory auditor is not registered with the central board of accountants
Can a public accountant or statutory auditor who is not registered with the fair accounting center sign tax returns?
It is not possible because an accountant who is not registered with the central board of accountants cannot be called a public accountant.
It is so by the provision of Law 43 of 1990, which in its first article states:
"Public Accountant is understood as the natural person who, through the registration that proves his professional competence under the terms of this ..."
And in its article 3, it states that:
"Registration as a Public Accountant will be accredited by means of a professional card that will be issued by the Central Board of Accountants."
It is clear that while you are not registered in the central board of accountants, you are not a public accountant.
And it is evident that if a public accountant must sign a tax declaration, and that the signature does not show such quality, because that signature is worth nothing. The requirement is understood as not fulfilled.
Public accounting is one of the professions that require registration and a professional card to be exercised so that the simple title issued by a university does not enable any person to practice as a public accountant.
Importance of the signature of the public accountant or tax auditor in the tax returns
Finally, it is pertinent to point out the importance of the signature of the public accountant or the fiscal auditor, as this is one of the formal requirements that tax declarations must meet.
Article 580 of the tax statute indicates that a tax declaration will not be considered filed " when the signature of the public accountant or tax auditor is omitted, existing the legal obligation .", Which hardly happens when the declarations are presented virtually.