Birobidzhan, Russian Federation
An accusation of imprudence in choosing a counterparty is one of the most common complaints from tax authorities to recognize transaction costs as unconfirmed. As a result – millions of additional taxes, penalties and fines. The Supreme Court supports the position of the Federal Tax Service and confirms that the company is obliged to study and comprehensively check the counterparty. In case of failure to comply with the requirements of Article 54.1 of the Tax Code of the Russian Federation, tax authorities have the right to withdraw expenses on actual transactions made by the enterprise. This fact threatens the economic security of the enterprise, and there is a real threat of large-scale financial losses. Modern economic conditions require the interaction of an enterprise with various counterparties who are able to influence its activities. Buyers of products and services, creditors, lessors, suppliers are just part of the counterparties that an enterprise encounters every day in the course of its activities, since in a market economy it is impossible to carry out business activities in isolation from other market participants. In this regard, verification of counterparties becomes an integral part of the successful functioning of the enterprise. The correct and informed choice of a counterparty is a guarantee of long-term and successful operation of the enterprise. An effectively organized process of checking counterparties in such conditions is an important aspect of ensuring the economic security of an enterprise, as it reduces business risks and is an effective evidence base for protecting the rights of the enterprise in the event of accusations of imprudence in choosing a counterparty, including in court. In the article, the author studies currently existing approaches to exercising due diligence when choosing contractors. An analysis of possible tax risks, features of implementing the function of checking counterparties at an enterprise is carried out, and ways to improve it are proposed.
economic security, verification of counterparties, due diligence, commercial diligence, risks
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