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Tax Audit Plan for 2022: Usual Suspects and Risk Analysis in Focus

Tax Audit Plan for 2022: Usual Suspects and Risk Analysis in Focus

Hungary
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The Hungarian tax authority published its annual tax audit guidelines with the clear aim of supporting compliant taxpayers and take firm actions against intentional tax evasion by utilizing various data sources available in the process. E-commerce, real estate industry, data-based risk analysis remain key elements.

The tax audit plan sets out the following four main focus points:

  1. Sectors and activities with significant budgetary risks

E-commerce and trade of computer hardware remain hot topics, as well as the construction sector, tourism and hospitality, food industry (including food delivery services this year and agricultural products), inter alia, are expected to be under scrutiny this year.

Among the thematic tasks, a new focus will be on KIVA (small business tax) audits and transfer pricing audits in the automotive sector. As to the personal income taxation - partly due to the specific tax incentives and exemptions provided lately - reimbursements will be also under scrutiny in 2022 and self-employed entrepreneurs will be in focus.

In addition, due to the discrepancies regarding inaccessible companies, registered seat service providers, companies without actual seats and companies changing seats will be subject to risk analysis and monitored closely.

  1. Taxpayers with significant budgetary risks

Based on the vast data from the reporting systems introduced and/or extended in the recent years (i.e. online invoice data disclosure obligation, “Employee Alert” system and international exchange of information on cross-border tax structures) a targeted risk analysis is available for the tax authority to focus its audits on risky taxpayers.

Recent years saw a significant increase in e-commerce, exacerbated by the pandemic situation with the simultaneous undervaluation of import goods and spread of VAT evasion in intra-Community and domestic trade. The aim of the tax office in those regards is immediate reaction to prevent entering into free circulation (if necessary), therefore importer companies and indirect customs representatives should expect increased attention from the tax authority.

  1. Large taxpayers

In order to secure budget revenues and due to their economic weight auditing large taxpayers remains a key element of the Hungarian tax authority’s plan with additional emphasis on data gained from international exchange of information on cross-borders structures and transactions.

Additionally, large taxpayers without profit after tax in the past two years (with net turnover over HUF 60 billion but with negative or zero profit after tax) should be monitored and audited closely.

  1. Promoting voluntary compliance

To support voluntary compliance by taxpayers, the tax authority intends to use so called supporting procedures (in the case of minor discrepancies) and compliance audits (for more significant discrepancies) without sanctions, at first.

By Balint Zsoldos, Head of Tax, KCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

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