NSS k povinnosti účetních jednotek zveřejnit účetní závěrku

The Supreme Administrative Court ("SAC") recently addressed a case (6 Afs 122/2025-30) involving a company that failed to publish its financial statements for the year 2021 in the Collection of Deeds.

The tax authority identified this violation on its own initiative by searching public registers. Subsequently, it initiated misdemeanor proceedings and imposed a sanction on the company in the form of a warning.

The company challenged the tax authority’s actions, arguing that the misdemeanor did not cause any real harm to the public interest. It also claimed that the tax authority acted in a harassing manner by actively seeking information about the company with the intent to punish it.

The SAC rejected all objections and dismissed the cassation complaint. It stated that the failure to publish financial statements meets the formal characteristics of a misdemeanor under the Accounting Act. The company did not present any arguments refuting the material aspect of the offense. The NSS also confirmed that the tax authority can actively seek information whether taxpayers are fulfilling their obligations, even without their knowledge or cooperation.

The company also argued that the search activity under the Tax Code could not be applied in this case, as the proceedings did not concern any tax administration. However, the NSS did not consider this argument as it was raised only in the cassation complaint. It remains an open question whether this argument would have changed the court's conclusion.

In practice, it is evident that some accounting entities do not pay much attention to the obligation to publish financial statements, likely assuming that public administration do not effectively monitor this area. The current ruling may indicate that things are changing in this area.

Therefore, we recommend paying proper attention to this obligation. The tax authority can easily uncover violations, and next time, the consequences may not be limited just to a warning. A fine of up to 3% of the entity’s total assets may be imposed for this offense.

Authors:

Martin Novák

Anastasia Alieva