A corporation may choose either a calendar year or an accounting year as its tax year.
Returns must be filed within three months of the end of the tax period.
A three-month extension of the filing deadline is available if a taxpayer is represented by a registered tax advisor or if the taxpayer is subject to a statutory accounting audit.
In some special cases, a filing deadline of less than three months may apply (e.g. upon merger or liquidation). This shorter deadline may, however, be extended if approved by the tax office.
Payment of tax
Tax payments are due on the same day as the filing deadline.
A company is obligated to make CIT advances based on its last known tax liability. The tax advances are paid semi-annually or quarterly, depending on the amount of the last known tax liability.
Upon filing a tax return, tax advances paid during the year for which the tax return is filed will offset the tax liability declared in the tax return. Any outstanding amount must be paid on the date the tax return is due. Any overpayment will be refunded upon request or may be credited against future tax liabilities.
Tax audit process
There is no statutory tax audit cycle. Entities are picked by the tax authorities based on selected criteria (e.g. tax loss position, huge marketing costs) or randomly.
Statute of limitations
The tax may be assessed within three years after the deadline for regular tax return filing. In certain cases (e.g. filing of supplementary tax return), such assessment period may be prolonged by one year, maximally up to ten years. Tax liability arisen as result of criminal action may be assessed any time within two years after the year of the relevant penal court decision becoming effective.
Topics of focus for tax authorities
The tax authorities seem to focus on marketing costs, management fees, transfer pricing in intra-group relations, entities in a tax loss position, entities with tax investment incentives, and entities with an R&D allowance. More and more attention is drawn to the topic of tax law abuse.