The purpose of an independent audit of the tax function is to verify, by an entity independent of the taxpayer and the National Revenue Administration, the taxpayer’s level of maturity in the management and supervision of the tax function. As indicated, its scope includes not only checking the correctness of fulfilling tax obligations, but also verifying the effectiveness and adequacy of the set of regulated processes implemented by the taxpayer and procedures regarding the management of the method of fulfilling tax obligations. (Parliamentary Printing VIII Term No. 3788).
An independent audit of the tax function shall be carried out at the request of the taxable person by an independent tax auditor. An independent tax auditor may be a tax advisory company, an audit firm, a tax advisor or a statutory auditor, except where the entity:
- performs financial review activities or provides tax or legal consultancy services for the taxable person,
- is a domestic affiliated entity or a foreign affiliated entity within the meaning of the Act of 16 October 2019 on the Settlement of Disputes Concerning Double Taxation and Entry Into Advance Price Agreements in relation to:
- the taxable person,
- the entity providing tax consultancy services or financial review activities for that taxable person.
- provides the services referred to in subparagraph (2) (b) for the entity providing such services to the taxable person
– in the period covered by the tax audit and in the course of its execution.
An independent audit of the tax function consists in a verification of the correctness of performance of tax obligations as well as the effectiveness and adequacy of the implemented internal tax supervision framework.
An independent audit of the tax function shall be concluded with a report containing the result of the independent audit of the tax function. The report shall be signed by the independent tax auditor carrying out the audit.
The report on the independent audit of the tax function shall be submitted at once to the taxable person together with the audit documentation containing the audit tests and procedures.
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- Preparation of an independent audit of the tax function,
- Preparation of a tax and legal expert opinion.