Supreme Administrative Court Ruling on the Publication of Financial Statements

On February 5, 2026, the Supreme Administrative Court (SAC) issued a decision (Case No. 6 Afs 122/2025 – 30) regarding the failure of an accounting entity to publish its financial statements in the public registers, thereby failing to meet its statutory obligations. The SAC addressed a case involving an accounting entity (a company) that appealed against the outcome of a misdemeanor proceeding and the imposition of a sanction in the form of a warning (no fine was imposed). The main grounds for the appeal were the fact that the tax authority had conducted searches in public registers on its own initiative and the claim that the non-publication of financial statements did not result in a violation of the public interest.

The SAC dismissed the individual objections, stating that by failing to publish its financial statements, the company had fulfilled the constituent elements of a misdemeanor under the Accounting Act. Furthermore, the court noted that the company had failed to present sufficient arguments regarding the existence of extraordinary circumstances that would have prevented the entity from fulfilling the publication requirement.

The ruling clearly indicates that the Tax Administration is increasingly conducting proactive search activities, particularly concerning the fulfillment or non-fulfillment of the obligation to publish documents that must be part of public registers. Failure to comply with this obligation is easily detectable. Although no fine was imposed in this specific case, an accounting entity may be subject to a fine of up to 3% of its total asset value for failing to publish its financial statements, which can represent a significant amount.

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