The translation of this document is outdated.
Translation validity: 01.01.2022.–16.10.2024.
Amendments not included:
26.09.2024.
The Saeima 1 has adopted and
the President has proclaimed the following law:
Accounting Law
Chapter I
General Provisions
Section 1. Terms Used in the Law
(1) The following terms are used in the Law:
1) electronic certification - a confirmation of
existence of the economic transaction specified in the source
document prepared in electronic form in the accounting
information computer system or another information system and
accuracy of the information provided therein and which has been
performed in the form stipulated by the head of an undertaking
and, in accordance with the laws and regulations in the field of
electronic identification of natural persons, allows to identify
the particular person - the provider of the certification. An
electronic certification may be, for example:
a) access control provisions created in a computer system
according to which access to a document is possible only after
registering with a specific username and password;
b) files attached to a document - annexes with information of
specific content;
c) performing of sequential activities in the record-keeping
system;
2) accounting documents - source documents, accounting
registers, inventory lists, annual statements, and accounting
organisation documents in electronic or paper form;
3) chart of accounts - a classified list of accounts
issued by the head of an undertaking for long-term use which is
used in the conduct of accounting in a double entry system and in
which the name of accounts and the codes assigned thereto (if
such have been assigned in the undertaking) are indicated
according to the level of detail accepted in the undertaking.
Accounts are intended for recording the item value of the
property of the undertaking (assets) and their sources
(liabilities) which are similar in economic nature and for
accounting the changes in the value in accounting registers
(balance sheet accounts), and also for recording the value of
revenue or expenditure items and their components and for
recording the changes in the value in accounting registers
(operational accounts);
4) accounting registers - an aggregate of documents
(chronological and systematic registers, including general ledger
or journal-ledger and analytical accounting registers) where the
information on economic transactions included in the source
documents is accumulated and grouped (classified) according to
specific features. Accounting registers may be prepared in
electronic or paper form;
5) accounting organisation documents - an aggregate of
such documents issued by the head of an undertaking which specify
the procedures by which, in conformity with the requirements of
laws and regulations, accounting registers are kept in the
undertaking, source documents are prepared and their handling is
organised, inventory is performed, an annual statement and other
accounting statements are prepared, and accounting documents are
stored. Such aggregate of documents shall also include a chart of
accounts, the accounting policy (shall apply to the preparation
of financial statements in an undertaking other than a budget
institution) or the accounting procedures (shall apply to the
preparation of financial statements in a budget institution) and
other documents issued by the head of the undertaking which are
necessary for for the conduct of accounting of the
undertaking;
6) property - the resources used for the economic
activity or implementation of objectives of an undertaking,
including money and properties that may be evaluated in monetary
terms - movable or immovable tangible properties (for example,
plots of land, buildings, vehicles, goods) and intangible
properties (for example, concessions, licences, financial
instruments, loans, and other claims) which are indicated by the
undertaking in the assets of the component of the financial
statement - balance sheet (if such is prepared);
7) economic transaction - any legal transaction (within
the meaning of the Civil Law) and also each fact or event causing
changes in the liabilities or condition of property of an
undertaking. Changes in the condition of property are changes in
the composition or value of property;
8) day of economic transaction - any day when changes
in the liabilities or condition of property of an undertaking
have actually occurred;
9) structured electronic invoice - an invoice which has
been prepared, sent, and received in structured electronic format
allowing to process it automatically and electronically and which
conforms to the standard of an electronic invoice stipulated by
the Cabinet and to be applied in public procurements;
10) head of an undertaking:
a) in a partnership and a European Economic Interest Grouping
- all members of such partnership or Grouping or such members of
the partnership or Grouping who are authorised to represent the
partnership or Grouping;
b) in a capital company, a European commercial company, a
cooperative society, and a European cooperative society - the
board;
c) in an individual undertaking, farm, or fishing enterprise -
the owner of the undertaking or enterprise accordingly;
d) in a foreign merchant branch and non-resident (foreign
merchant) permanent representation - the person authorised to
represent the foreign merchant (non-resident) in the activities
related to the branch or the permanent representation;
e) in an institution which is financed from the State budget
or local government budget, in a State or local government
agency, another public person and institution, and also an
independent institution - the official implementing general
administrative management of the relevant institution (in an
institution of direct State administration - the head of the
institution);
f) in an association, a foundation, a political organisation
(party), an alliance of political organisations (parties), a
trade union, and an association of trade unions, and also a
European political party and a European Political Foundation -
the executive body or the administrative body (the board);
g) in a religious organisation and its institution - the
management (the management body);
h) an individual merchant and another natural person
performing economic activity;
i) in an association of natural persons performing economic
activity - all members of such association or such members who
are authorised to represent such association;
j) in an undertaking for which insolvency proceedings have
been declared - the administrator of insolvency proceedings
(hereinafter - the administrator).
(2) The term "budget institution" used in the Law shall
conform to the term used in the Law on Budget and Financial
Management.
Section 2. Purpose and Scope of
Application of the Law
(1) The purpose of the Law is to promote ensuring of truthful
and clear overview of the financial position of undertakings.
(2) The Law shall determine general and legal basis of the
field of accounting, the rights, obligations, and liabilities of
the subjects of the Law, the accounting tasks, the requirements
governing the conduct of accounting, the administrative offences
in the field of accounting, and the competence in administrative
offence proceedings.
Section 3. Subjects of the Law
(1) The Law shall apply to:
1) commercial companies, cooperative societies registered in
the Republic of Latvia, foreign merchant branches and
non-resident (foreign merchant) permanent representations,
associations, foundations, trade unions and their associations,
political organisations (parties) and their alliances, religious
organisations and their institutions;
2) European Economic Interest Groupings, European cooperative
societies, European commercial societies, European political
parties, and European Political Foundations registered in the
Republic of Latvia;
3) institutions which are financed from the State budget or
local government budgets, State or local government agencies,
other public persons and institutions, independent
institutions;
4) individual merchants, individual undertakings, farm and
fishing enterprises, other natural persons performing economic
activity and their associations.
(2) The term "undertaking" used in this Law shall mean all
subjects of the Law referred to in Paragraph one of this
Section.
Section 4. Tasks of Accounting
The tasks of accounting shall be as follows:
1) to ensure the management of an undertaking with accounting
information which is necessary for taking the decisions of
economic nature;
2) to ensure the users of financial statements with truthful
and complete information on the property, liabilities, financial
position, operating results, and cash flow of the
undertaking;
3) to perform calculation of taxes;
4) to ensure the allocation of revenues and expenditures by
accounting periods.
Section 5. Control of Accounting
(1) Control of accounting are measures taken to control the
accuracy and credibility of financial accounting, the
preservation of the property of the undertaking and the accuracy
of tax calculation, and also to ascertain whether the information
provided by accounting is truthful, comparable, timely,
significant, comprehensible, and complete.
(2) The accounting control system of an undertaking is an
aggregate of control measures stipulated by the head of the
undertaking by implementation of which the fulfilment of the
tasks of accounting is ensured.
(3) The types of accounting control measures shall be
determined by the Cabinet.
Section 6. General Requirements for
the Conduct of Accounting
(1) The conduct of accounting is a cyclic process which
includes several consecutive stages of the accounting work upon
carrying out of which financial statements or information for the
calculation of taxes for the relevant accounting period (month,
quarter, or year) are obtained. A complete cycle of accounting
shall apply to a reporting year and it shall have the following
main stages:
1) opening of accounts;
2) analysis and registration of economic transactions of an
undertaking in accounting registers (hereinafter also - the
recording);
3) calculation of the balances on accounts;
4) preparation of a report on the turnover of and balances on
accounts;
5) recording of corrective and account-closing entries;
6) preparation of financial statements and calculation of
taxes.
(2) The conduct of accounting shall be ensured in such a way
that a third party competent in the issues of accounting could
obtain a truthful and clear overview of the liabilities,
property, and financial position of the undertaking on a specific
date, the operational results, and the cash flow for a specific
time period, and also be able to determine the beginning of each
economic transaction and trace its course.
(3) All economic transactions of an undertaking shall be
registered in accounting.
(4) The accounting information provided shall be truthful,
comparable, timely, significant, comprehensible, and
complete.
(5) If the conduct of accounting is ensured electronically,
using an accounting computer programme or an accounting
information computer system software, accounting documents on the
screen of a computer or another electronic device shall be
presented in a human-readable format and a possibility of
creating derivatives of such documents in paper form (printouts)
shall be ensured.
(6) Human-readable format is an electronic form of data
presentation which may be used by a natural person as information
without any additional processing.
(7) The Cabinet shall determine:
1) the provisions for the development of accounting
organisation documents;
2) the requirements for the use of accounting computer
programmes or accounting information computer system
software.
Section 7. Measure of Value in
Accounting
(1) The measure of value to be used in accounting shall be
euros.
(2) The foreign exchange rate to be used in accounting is the
euro reference rate published by the European Central Bank but if
there is no euro reference rate published by the European Central
Bank for the particular foreign currency, the currency market
rate in relation to the euro published in a periodical of a
provider of financial information recognised by the world
financial market or on its website shall be used.
(3) If the measure of value used in a source document is a
foreign currency, the sums indicated therein in terms of money
for records in accounting registers shall be recalculated in
euros according to the foreign currency rate to be used in
accounting which is in effect at the beginning of the day of
economic transaction.
(4) At the end of each reporting year, balances of foreign
currency (for example, cash in the cashier's office of an
undertaking, non-cash in payment accounts or sight deposit
accounts), balances of term deposits of foreign currency and
balances of advances, loans, or borrowings expressed in a foreign
currency, and also other balances (claims and liabilities) of
debtors or creditors which are receivable or payable in a foreign
currency, shall be re-calculated in euros according to the
foreign currency rate to be used in accounting which is in effect
at the end of the last day of the reporting year.
(5) An undertaking which prepares an annual statement in
accordance with the laws governing activities of participants of
the financial and capital market and the laws and regulations
issued on the basis thereof, if there are sufficient grounds, may
derogate from the provisions of Paragraph two of this Section
and, in the cases referred to in Paragraphs three and four of
this Section, use another source of currency market rate for
recalculation of a sum expressed in a foreign currency in euros,
the source being specified in the accounting organisation
documents of such undertaking.
Chapter II
Accounting Registers and Source Documents
Section 8. General Provisions for
Keeping Accounting Registers
(1) Entries supported by source documents shall be made in
accounting registers.
(2) Entries in accounting registers shall be made in a timely
manner, ensuring that they are complete, accurate, and arranged
in a systematic manner. Entries the content of which differs from
the source document shall not be allowed.
(3) In making entries in accounting registers, it shall be
permitted to use codes, abbreviations, individual letters or
symbols (hereinafter - the codes). The codes stipulated by the
head of an undertaking (for example, the codes specified in the
plan of accounts, the codes used for recording of stocks) shall
be explained in the accounting organisation documents of the
undertaking.
(4) The Cabinet shall determine:
1) the requirements for keeping accounting registers;
2) the procedures by which entries in accounting registers and
source documents are corrected or supplemented.
Section 9. Language to be Used in
Accounting Registers
(1) Entries in accounting registers shall be made in the
Latvian language.
(2) In making entries, also another language may be used in
addition to the Latvian language in accounting registers.
Section 10. Keeping of Accounting
Registers Using Double and Single Entry Systems
(1) Accounting registers shall be kept in a double entry
system insofar as it has not been laid down otherwise in this
Law.
(2) A double entry system is an accounting method according to
which each economic transaction is registered by entering the
same sum in debit and credit of accounts according to the plan of
accounts used in an undertaking and the intersectionality of
accounts corresponding to the nature of the economic transaction
(correspondence of accounts).
(3) By derogation from the requirement laid down in Paragraph
one of this Section regarding a double entry system, it shall be
permitted to keep accounting registers in a single entry system
to:
1) individual merchants and other natural persons performing
economic activity, individual undertakings, farm and fishing
enterprises if the turnover (revenues) of the persons referred to
in this Clause from the economic transactions during the previous
reporting year does not exceed EUR 300 000. The procedures by
which such persons conduct the accounting in a single entry
system shall be determined by the Cabinet;
2) associations, foundations, trade unions and their
associations the turnover (revenues) of which from the economic
transactions in two previous consecutive reporting years does not
exceed EUR 100 000 in the reporting year. The procedures by which
such persons conduct the accounting in a single entry system
shall be determined by the Cabinet;
3) religious organisations and their institutions the turnover
(revenues) of which from the economic transactions in two
previous consecutive reporting years does not exceed EUR 100 000
in the reporting year. The procedures by which such persons
conduct the accounting in a single entry system shall be
determined by the Cabinet.
(4) A single entry system is an accounting method according to
which, without using accounts, cash and non-cash revenues,
expenditures, and balances, and also changes in the condition of
property are registered insofar as it is necessary for the
calculation of taxes or for the control of property and
settlements.
Section 11. Source Documents, Their
Division and Details and Information to be Included in a Source
Document
(1) A source document is a document attesting the existence of
an economic transaction of an undertaking and including at least
the details referred to in Paragraph five of this Section and
information on the economic transaction. The source document may
be prepared in electronic or paper form. The source document
shall be prepared in a way that, throughout its storage period,
the information included therein would not be lost and also it
would be possible to create a derivative of such document.
(2) Source documents shall be divided into external source
documents and internal source documents.
(3) A source document received in an undertaking the author of
which is another participant to the economic transaction and also
such document the author of which is the own undertaking shall be
considered an external source document if the source document is
intended for the issuing (sending) to another participant to the
economic transaction. All other source documents shall be
considered to be internal source documents of the
undertaking.
(4) If there is an external source document for any economic
transaction, it shall be given priority in comparison with any
internal source document.
(5) At least the following details and information on the
economic transaction shall be included in a source document:
1) the title of the document type;
2) the date of the document;
3) the number of the document;
4) information on the undertaking which is a participant to
the economic transaction which issued the document in its name
(hereinafter - the author of the document):
a) the name of the author of the document (for a commercial
company, individual merchant - the firm name), registration
number, or registration code of a taxpayer;
b) if the author of the document is such natural person who
performs economic activity but is not an individual merchant -
the given name and surname, the taxpayer registration code;
5) information which allows unequivocal identification of
other participants to the economic transaction if any (indicate
the same information which is specified in Clause 4 of this
Paragraph in relation to the author of the document);
6) if another participant to the economic transaction is a
natural person who does not perform economic activity - the given
name and surname. The personal identification number (if such has
been granted to a person) shall be indicated upon request of such
person or if it arises from other laws and regulations;
7) a description of the economic transaction and the value in
monetary terms but in the cases specified in laws and regulations
- also other information on the economic transaction (for
example, quantity, unit of measurement);
8) for individual types of source documents - also other
mandatory details specified in laws and regulations;
9) the signature of the person responsible for the accuracy of
information provided in the source document (except for the cases
referred to in Paragraphs six, seven, and eight of this
Section).
(6) An undertaking is entitled to replace the detail
"signature" with an electronic certification in an internal
source document if it has been prepared in electronic form.
(7) Also such document may be considered an external source
document which does not contain the detail "signature" but
contains other details specified for the source document in
Paragraph five of this Section and information on the economic
transaction if:
1) the undertaking issues the document to another participant
to the economic transaction (another undertaking or natural
person who does not perform economic activity) - the recipient of
goods or service - for payment (invoice) and the existence of the
economic transaction specified in this document is justified by
another external document which has legal force within the
meaning of the Law on Legal Force of Documents;
2) the undertaking issues the document to a natural person who
does not perform economic activity) - the recipient of goods or
service - for payment (invoice) and the existence of the economic
transaction referred to in this document is justified by an
agreement of the undertaking with the abovementioned natural
person.
(8) Also such document referred to in this Paragraph may be
considered an external source document which does not contain the
detail "signature" but contains other details specified for the
source document in Paragraph five of this Section and information
on the economic transaction if the existence of the economic
transaction referred to in the relevant document according to the
procedures stipulated by the head of an undertaking is certified
by the responsible person of the recipient of the document
(undertaking) regarding performance of the economic transaction
and the accuracy of the information provided in the source
document:
1) the document which is issued by another undertaking to the
undertaking - the recipient of goods or service - for payment
(invoice);
2) the document which is issued by another undertaking to the
undertaking - the recipient of goods or service - for acceptance
of the goods or service;
3) the document which is issued upon request of the
undertaking - the payment service user - by the payment service
provider (within the meaning of the Law on Payment Services and
Electronic Money) for the fact that the payment order of the
undertaking - the payment service user - has been executed;
4) a non-certified bank statement of the undertaking - the
payment service user - which upon request of the payment service
user is issued by the payment service provider (within the
meaning of the Law on Payment Services and Electronic Money);
5) a receipt if it has been prepared in accordance with the
laws and regulations governing the procedures for the use of
electronic devices and equipment for the registration of taxes
and other payments.
(9) The undertaking - the preparer of the document - is
entitled to certify the external source documents referred to in
Paragraph eight, Clauses 1, 3, and 4 of this Section, if it is
necessary to certify them, with a qualified electronic stamp
issued to the undertaking (within the meaning of Article 3(27) of
Regulation (EU) No 910/2014 of the European Parliament and of the
Council of 23 July 2014 on electronic identification and trust
services for electronic transactions in the internal market and
repealing Directive 1999/93/EC).
(10) Also a derivative in electronic form of a source document
received with the intermediation of electronic data transmission
channels and prepared in paper form and a derivative in paper
form (printout) of such derivative or source document prepared in
electronic form may be considered an external source document, if
the existence of the economic transaction referred to in the
relevant derivative of the source document is certified,
according to the procedures stipulated by the head of an
undertaking, by the responsible person of the performance of the
economic transaction and the accuracy of the information provided
in the source document. The responsible person of the recipient
(undertaking) of the derivative of the document is entitled to
request, according to the procedures stipulated by the head of
the undertaking, that the issuer of the derivative of the source
document presents the original of the document if it is necessary
to ascertain the accuracy of the derivative of the document or
the legal force of the original of the document.
(11) The requirements laid down in Paragraph five of this
Section in relation to the details of the source document and
information on economic transactions shall be applied insofar as
special requirements for the development and drawing up of
individual types of source documents (for example, a value added
tax invoice, a structured electronic invoice) are not laid down
in other laws and regulations.
(12) In order to record the calculated tax, also tax returns
specified in laws and regulations may be regarded as an external
source document. In order to account the taxes, fees, and other
payments attributable to the State budget which are administered
by the tax administration and State fee administration (within
the meaning of the law On Taxes and Fees), the documents issued
by the abovementioned administration (for example, decisions
taken in the course of administrative proceedings) may be
regarded as an external source document even if such documents do
not contain any of the details specified in Paragraph five of
this Law or information to be indicated on an economic
transaction. The tax administration and the State fee
administration, when accounting the taxes, fees, and other
payments administered by them, may record information in
accounting registers also on the basis of the calculations of the
State information system on a specific date made in accordance
with laws and regulations.
(13) The procedures for the drawing up of source documents and
the requirements for the source documents which are prepared in
relation to goods, other material values and services, and also
in relation to the use of cash or non-cash advance or the
reimbursement of expenditures of employees shall be determined by
the Cabinet.
Section 12. Documents of the Supply
of Goods
(1) A document of the supply of goods is a document which
certifies the fact of the supply and receipt of goods and may be
used to determine the origin and belonging of goods at the sites
where goods are received and issued.
(2) It shall not be mandatory to include the information on
the unit price of goods and the value of the economic transaction
in monetary terms in the document of the supply of goods. If the
document of the supply of goods does not include the
abovementioned information for it to be possible to enter
(record) an economic transaction in accounting registers, a
source document prepared by the consignor (issuer) of goods shall
be required in addition which includes information on the unit
price of goods and the value of the economic transaction in
monetary terms.
(3) In addition also the number and date of the relevant
document of the supply of goods or, if the supply of goods has
been performed among units of an undertaking or persons who are
responsible for the conservation of specific goods - other
information which allows for unequivocal identification of the
supply of specific goods, shall be indicated in the source
document referred to in Paragraph two of this Section.
(4) The Cabinet shall determine the details and information to
be included in the documents of the supply of goods, the
procedures for the drawing up, signing, and registration of such
documents.
Section 13. Time Period for
Recording Source Documents
(1) External and internal source documents on the economic
transactions of the undertaking shall be recorded as soon as
possible but not later than within 20 days after the end of the
month in which the source document was received or issued (sent)
and not later than by the date of signing such financial
statement which is prepared for such reporting period.
(2) The time period specified in Paragraph one of this Section
for the recording of external and internal source documents shall
not apply to undertakings which, in accordance with the
Micro-enterprise Tax Law have obtained the status of a
micro-enterprise taxpayer, to individual merchants and other
natural persons performing economic activity, individual
undertakings and farm and fishing enterprises, if the turnover
(revenues) of the persons referred to in this Paragraph from
economic transactions in the previous reporting year does not
exceed EUR 300 000. Such undertakings, insofar as it is not in
contradiction with the requirements of the laws and regulations
governing the field of taxes that are binding upon them, may
record external and internal source documents on the economic
transactions of the undertaking in the accounting registers of
the undertaking not later than within 15 days after the end of
the quarter in which the relevant source document was received or
issued (sent), and not later than by the date of signing its
financial statement prepared for the current reporting period but
when a financial statement is not prepared - accordingly by the
date of submission of the micro-enterprise tax declaration or
personal income tax declaration which is prepared for such
reporting period.
(3) The time period for recording external and internal source
documents specified in Paragraph one of this Section shall not
apply to the associations, foundations, trade unions and their
associations referred to in Section 10, Paragraph three, Clause 2
of this Law and also to the religious organisations and their
institutions referred to in Section 10, Paragraph three, Clause 3
of this Law. The abovementioned persons, insofar as it is not in
contradiction with the requirements of the laws and regulations
governing the field of taxes that are binding upon them, may
record external and internal source documents not later than
within 15 days after the end of the quarter in which the relevant
source document was received or issued (sent), and not later than
until the date of signing such components of the annual statement
or financial statement which is prepared for the relevant
reporting period.
Section 14. Special Provisions for
the Accounting of Cash
(1) The cash contribution received in the cashier's office of
an undertaking (hereinafter - the cash revenues) and the cash
disbursements from the cashier's office of an undertaking
(hereinafter - the cash expenditures) shall be registered in the
cash book. The cash book shall be arranged for each day on which
there had been cash revenues or expenditures, indicating the cash
balance at the beginning of the day, the sums total of the cash
revenues and the cash expenditures, and the cash balance at the
end of the day.
(2) If the average cash revenues of a working day of the
previous calendar month of an undertaking do not exceed EUR 500,
the undertaking may arrange the cash book once a week - on the
last working day of the week. The average cash revenues of a
working day shall be calculated by adding up the cash revenues
received on the working days of the previous calendar month on
which there had been cash revenues and dividing the sum total
acquired by the number of working days of the abovementioned
calendar month. Any calendar day on which the undertaking
performs its activity shall be considered a working day.
(3) A cash book need not be arranged by:
1) individual undertakings, farm and fishing enterprises,
individual merchants, and other natural persons performing
economic activity and conducting the accounting in a single entry
system if the abovementioned persons are registering the cash
revenues and the cash expenditures in the recording journal of
revenues and expenditures of economic activity or in the
recording register of revenues;
2) undertakings which are registering the cash revenues, using
electronic devices and equipment for the registration of taxes
and other payments, and, according to the procedures stipulated
by the head of an undertaking, pay the cash received during a
working day into an account of the undertaking opened with a
payment service provider (within the meaning of the Law on
Payment Services and Electronic Money);
3) associations, foundations, trade unions and their
associations, and also religious organisations and their
institutions if the abovementioned persons conduct the accounting
in a single entry system and register the cash revenues and the
cash expenditures in the cash flow recording journal.
(4) The requirements for the source documents of the cash
revenues and the cash expenditures and for arranging a cash book
shall be determined by the Cabinet.
Chapter III
Inventory
Section 15. Purpose of Inventory
(1) The purpose of inventory is the examination of the actual
state of the property of an undertaking and the liabilities of an
undertaking on a specific date and the coordination of the
accounting data with the results of inventory.
(2) Inventory shall be performed, applying the procedures laid
down in laws and regulations and the accounting organisation
documents.
(3) The methods of inventory, the procedures for the
performance of inventory, the procedures for the documentation of
results and recording of differences detected during inventory
shall be determined by the Cabinet.
Section 16. Provisions for
Inventory
(1) Inventory shall be performed in the following cases:
1) in commencing the activity of an undertaking;
2) in concluding each reporting year (hereinafter - the
closing inventory of the reporting year);
3) in terminating the activity of an undertaking;
4) in reorganising an undertaking, insofar as it has not been
laid down otherwise by laws;
5) in declaring insolvency proceedings;
6) if, on the basis of the decision of the merchant, the
activity of an undertaking is suspended or renewed;
7) in other cases if it arises from other laws and regulations
or the accounting organisation documents of the relevant
undertaking.
(2) The results of the inventory shall be reflected in lists
of inventory.
(3) An individual enterprise, a farm and fishing enterprise,
and also an individual merchant and another natural person
performing economic activity shall apply the provisions of this
Chapter to the property provided for or used for the performance
of economic activity.
Section 17. Additional Provision
Regarding the Closing Inventory of the Reporting Year
The closing inventory of the reporting year may be performed
within three months before the final day of the reporting year or
within a month after it, recalculating the balances established
on the day of the inventory in accordance with the accounting
data on the last day of the reporting year. The results of
inventory shall be recorded in accounting registers until the
date of signing the annual statement.
Chapter IV
Annual Statement and Other Statements
Section 18. Annual Statement
(1) An annual statement the structure, volume, and content,
and also the procedures for drafting, examining, and submitting
of which are laid down by the Law on the Annual Financial
Statements and Consolidated Financial Statements, the laws
governing the activity of the financial and capital market
participants and the laws and regulations issued on the basis
thereof, the laws governing the activity of the independent or
autonomous State institution, or the laws and regulations adopted
in accordance with the Law on Budget and Financial Management
shall be prepared for each reporting year. The suspension of
activity of a commercial company on the basis of a decision of
the merchant shall not exempt the commercial company from
preparing the annual statement.
(2) The provisions of Paragraph one of this Section shall not
apply to:
1) associations, foundations, trade unions and their
associations, political organisations (parties) and alliances
thereof, and also religious organisations and their institutions.
The Cabinet shall determine the structure, volume, content, and
the procedures for drafting, examining, and submitting the annual
statement for such persons;
2) undertakings with regard to which insolvency proceedings
have been declared in accordance with the Insolvency Law but in
relation to which no decision has been taken yet by the
administrator on continuing the economic activity of the debtor
in the full or limited extent. Such undertakings, while the
insolvency proceedings of the undertaking continue, shall prepare
the financial statement referred to in Section 22, Paragraph
three of this Law for each reporting year.
(3) The provisions of Paragraph one of this Section in
relation to foreign merchant branches and non-resident (foreign
merchant) permanent representations shall be applicable insofar
as it arises from the requirements for the preparation of
financial statements laid down in the laws governing the relevant
type of economic activity and taxes.
Section 19. Report on Economic
Activity
(1) A report on economic activity is a report for the time
period that is shorter than a year and a commercial company or
cooperative company shall prepare it for the purpose of
decision-making in the cases provided for in the Commercial Law
or the Cooperative Societies Law accordingly. The report on
economic activity shall be prepared in accordance with the
provisions for the preparation of an annual statement provided
for the relevant undertaking in laws and regulations and applying
the procedures for the preparation of an interim period
statement.
(2) Prior to taking of the decision to suspend the activity of
a commercial company on the basis of the decision of a merchant,
a report on economic activity shall be prepared in the cases
specified in the Commercial Law. The report on economic activity
referred to in this Paragraph shall be prepared, examined, and
submitted in accordance with the provisions for the preparation,
examination, and submission of an annual statement provided for
the relevant undertaking in laws and regulations. In addition,
the report on economic activity referred to in this Paragraph
shall provide detailed information on the losses caused by
reduction in the value of the property due to the suspension of
the activity of the commercial company, indicating the basis for
calculating the amount of losses and the impact of such losses on
the evaluation of the component items of the financial
statement.
Section 20. Closing Financial
Statement in Case of Reorganisation of an Undertaking
(1) Unless it has been laid down otherwise in laws and
regulations, in order to exclude from the relevant register an
undertaking reorganised (acquired or divided) through merging or
divestiture, a closing financial statement of the undertaking to
be acquired or divided through divestiture shall be prepared
accordingly. It shall be prepared, examined, and submitted in
accordance with the provisions for the preparation, examination,
and submission of an annual statement provided for the relevant
undertaking in laws and regulations.
(2) In addition, the closing financial statement referred to
in Paragraph one of this Section shall provide detailed
information on the losses caused by reduction in the value of the
property due to the reorganisation of the undertaking, indicating
the basis for calculating the amount of losses and the impact of
such losses on the evaluation of the component items of the
financial statement.
(3) The requirement of Paragraph two of this Section regarding
the provision of detailed information on the losses shall not
apply to the closing financial statement which is prepared in
case of reorganisation of a budget institution or a State or
local government agency.
Section 21. Closing Financial
Statement in Case of Terminating the Activity of an
Undertaking
(1) In terminating the activity of an undertaking (also in
case of insolvency proceedings when the activity of the
undertaking is terminated), such closing financial statement of
the activity of the undertaking shall be prepared which consists
only of the balance sheet and the profit or loss account or
another report on the results of economic activity (for example,
a revenue and expenditure account) which is provided for in the
laws and regulations governing the preparation of an annual
statement of the relevant undertaking or in the laws governing
the activity of participants to the financial and capital market
and the laws and regulations issued on the basis thereof.
(2) Unless it has been laid down otherwise in laws and
regulations, the closing financial statement of the activity of
the undertaking referred to in Paragraph one of this Section
shall be prepared, applying the procedures by which such
undertaking prepares a financial statement which does not conform
to the principle for the continuation of the activity.
(3) The procedures by which the property and liabilities of an
undertaking are evaluated in accounting and indicated in
financial statements, if the activity of an undertaking or its
unit is terminated, shall be determined by the Cabinet.
Section 22. Balance Sheet of a
Debtor and Financial Statement in Case of Insolvency of a Legal
Person
(1) The balance sheet of a debtor shall be prepared for an
undertaking for which insolvency proceedings of a legal person
have been initiated in accordance with the Insolvency Law. In
preparing the balance sheet of a debtor in case of initiating
insolvency proceedings of a credit institution, the norms of the
Credit Institution Law shall be applied.
(2) The administrator shall prepare the balance sheet of a
debtor which, in accordance with the Insolvency Law, must be
prepared immediately after declaration of insolvency proceedings
of a legal person, applying all the same requirements which apply
to the balance sheet for the annual accounts of such
undertaking.
(3) The undertaking referred to in Paragraph one of this
Section in relation to which the administrator has not taken the
decision on continuing the economic activity of a debtor in the
full or limited extent for the reporting year in which insolvency
proceedings of a legal person were declared and also for each
subsequent reporting year in which such insolvency proceedings
continue shall prepare a financial statement which consists only
of the balance sheet and the profit or loss account or another
report on the results of the economic activity (for example, the
revenue and expenditure account). Such financial statement shall
be submitted to the State Revenue Service.
(4) The financial statement referred to in Paragraph three of
this Section shall be prepared, applying the procedures by which
a financial statement is prepared by an undertaking that does not
conform to the principle for the continuation of the activity and
in compliance with the laws and regulations issued on the basis
of Section 21, Paragraph three of this Law regarding the
evaluation of the property and liabilities of an undertaking in
accounting and indication in financial statements if the activity
of the undertaking or its unit is terminated.
Section 23. Special Provisions for
Performers of Economic Activity who are Payers of Personal Income
Tax for Income from Economic Activity or who have Chosen to Pay
the Micro-enterprise Tax
(1) The provisions of Sections 18, 19, 20, 21, and 22 of this
Law shall not apply to individual merchants, farm and fishing
enterprises, individual merchants, and other natural persons who
perform economic activity and are payers of personal income tax
for the income from the economic activity or have chosen to pay
the micro-enterprise tax. Such undertakings shall register
revenues, expenditures, and economic transactions in a simple or
double entry system insofar as it is necessary for the
calculation of taxes in order to be able to prepare tax returns,
informative declarations, or other necessary documents in
accordance with the requirements laid down by the particular tax
law or in the laws and regulations adopted according to it.
(2) The undertakings referred to in Paragraph one of this
Section which conduct the accounting in a simple entry system
shall apply the procedures provided for in the Cabinet
regulations referred to in Section 10, Paragraph three, Clause 1
of this Law.
(3) The undertakings referred to in Paragraph one of this
Section which conduct the accounting in a double entry system and
are payers of personal income tax for the income from the
economic activity shall also prepare the balance sheet and the
revenue and expenditure account the content and the procedures
for the preparation and submission of which shall be determined
by the Cabinet.
Section 24. Beginning, End, and
Duration of the Reporting Year
(1) The reporting year shall cover 12 months and it shall
usually coincide with the calendar year. A different beginning
and end for the reporting year may be only if such is determined
by the articles of association, by-law, or constitution of the
relevant undertaking or by a partnership agreement.
(2) The reporting year may be changed. A change of the
reporting year shall be justified and relevant explanations
therefor shall be provided in the appendix to the annual
statement.
(3) The first reporting year of a newly established
undertaking may cover a shorter or a longer time period, but not
longer than 18 months.
(4) If the beginning of the reporting year of an existing
undertaking is changed, the reporting year shall not exceed 12
months.
(5) The reporting year in which the undertaking is reorganised
or terminates its activities and also the reporting year in which
its beginning has been changed may be shorter than 12 months.
Section 25. Special Provisions for
the Reporting Year or Economic Year for Individual Types of
Undertakings
The provisions of Section 24 of this Law shall not apply to an
undertaking the duration, beginning, and end of the reporting
year or economic year of which is determined by relevant
laws.
Section 26. Special Provisions for
the Reporting Year of an Association, a Foundation, a Trade Union
and an Association of Trade Unions, a Religious Organisation and
Its Institution, and also a Political Organisation (Party) and an
Alliance of Political Organisations (Parties)
The provisions of Section 24 of this Law shall not apply to an
association, a foundation, a trade union and an association of
trade unions, a religious organisation and its institution, and
also a political organisation (party) and an alliance of
political organisations. The reporting year of each such person
shall cover 12 months and coincide with the calendar year. The
reporting year in which the undertaking commences activity,
terminates activity, or is reorganised may be less than 12 months
in duration but it shall end not later than on 31 December of the
calendar year.
Chapter V
Storage of Accounting Documents
Section 27. General Provisions for
the Storage of Accounting Documents
(1) Accounting documents in paper form shall be stored in the
territory of the Republic of Latvia. Accounting documents in
electronic form shall be stored in the territory of the Republic
of Latvia or another European Union Member State in accordance
with the requirements laid down in Regulation (EU) 2018/1807 of
the European Parliament and of the Council of 14 November 2018 on
a framework for the free flow of non-personal data in the
European Union.
(2) An undertaking shall systematically arrange and store
accounting documents in the archives of the undertaking according
to the procedures stipulated by the head of the undertaking.
(3) Accounting documents shall, until transfer thereof for
storage in the archives of an undertaking, be systematised
(grouped, collected) and stored according to the procedures
stipulated by the head of the undertaking at one or several
storage points.
(4) Natural and legal persons may use accounting documents of
an undertaking only with the permission of the head of the
undertaking. Such documents may be removed from the undertaking
only in the cases and in accordance with the procedures laid down
by law.
(5) If an undertaking is being reorganised or its activity is
terminated, the liquidation commission (liquidator) or the head
of the undertaking shall determine the procedures for the
subsequent storage of the documents of the undertaking after
coordination with the National Archives of Latvia.
Section 28. Storage Period of
Accounting Documents
The minimum storage period of accounting documents shall be as
follows:
1) for annual statements - until the undertaking is
reorganised or its activity is terminated, insofar as it is not
laid down otherwise in other laws and regulations;
2) for inventory lists, accounting registers, and accounting
organisation documents - 10 years;
3) for source documents regarding the remuneration calculated
for employees, payment for the period of the leave granted, or
reimbursement of the annual paid leave not used, compensation for
forced absence from work, etc. with division according to years
and months dating not earlier than 1 January 1999 - 75 years;
4) for the source documents referred to in Clause 3 of this
Section dating 1 January 1999 or later if they include
information on the following calculated for employees:
a) remuneration, compensation for forced absence from work,
etc. with division according to years and months - 10 years;
b) payment for the period of the leave granted and
reimbursement of the annual paid leave not used with division
according to years and months - 10 years from the day when
employment relationship with the particular undertaking as an
employee has been terminated;
5) for other source documents - until the date they are
necessary to ensure compliance with the requirements for the
traceability of an economic transaction specified in Section 6,
Paragraph two of this Law, but not less than five years.
Section 29. Conversion of an
Accounting Document in Paper Form into Electronic Form for
Storage in the Electronic Environment
(1) An undertaking has the right to convert an accounting
document in paper form (hereinafter - the original document) into
electronic form for storage in the electronic environment.
(2) The document converted into electronic form for storage in
the electronic environment shall have the same legal force as the
original document and the undertaking has the right to destroy
the original document only if the undertaking complies with the
following provisions for the storage of a document converted into
electronic form for storage in the electronic environment:
1) the portrayal and conformity of the content of the original
document are ensured throughout the data storage period specified
in Section 28 of this Law;
2) the content is provided in human-readable format on the
screen of a computer or another electronic device and, where
necessary, creation of its derivatives in paper format is
ensured;
3) the converted document is protected against unauthorised
alterations or destruction;
4) the conversion process and also the process for the
destruction of the original document are documented in accordance
with the procedures stipulated by the head of an undertaking.
Chapter VI
Division of Competence in the Field of Accounting
Section 30. Competence of the
Ministry of Finance in the Field of Accounting
(1) The Ministry of Finance shall develop the State policy in
the field of accounting and coordinate the implementation
thereof.
(2) The Ministry of Finance shall:
1) develop draft laws and regulations in the field of
accounting;
2) implement international cooperation in the field of
accounting and ensure representation of Latvia in the meetings
organised by the European Union authorities and other
international organisations in accounting issues, also to
participate in the assessment of draft legal acts developed by
the European Union authorities governing the field of
accounting;
3) assess the draft laws and regulations prepared by other
ministries in relation to accounting issues and, if necessary,
provide recommendations for the improvement thereof.
Section 31. Obligations of the Head
of an Undertaking in the Field of Accounting
(1) The head of an undertaking has the obligation to organise
the conduct of accounting, the performance of inventory, the
storage of accounting documents, and the preparation of the
relevant reports in the undertaking in accordance with the
requirements of this Law and the laws and regulations issued
according to it.
(2) The head of an undertaking has an obligation to
ensure:
1) the development, issuing of accounting organisation
documents and the conformity with the procedures specified
therein in the undertaking;
2) the development, introduction, maintenance, and improvement
of an accounting control system in the undertaking;
3) the determination of the general security provisions for
the accounting information computer systems and the mandatory
technical and organisational requirements for accounting data
protection in the undertaking if the conduct of accounting is
ensured, using an accounting computer programme or accounting
information computer system software, insofar as it has not been
laid down otherwise in other laws and regulations, and also to
ensure control of the conformity with the abovementioned
provisions and requirements in the undertaking;
4) the conservation of all originals of accounting documents
or documents converted into electronic form for storage in the
electronic environment and their availability to performers of
audits, tax administration, law enforcement authorities, courts,
and also other authorities in the cases provided for in laws and
regulations in accordance with that referred to in the Trade
Secret Protection Law in relation to a trade secret in
accounting.
(3) The requirement laid down in Paragraph two, Clause 1 of
this Section shall not apply to the head of the undertaking
referred to in Section 10, Paragraph three of this Law if the
relevant undertaking conducts the accounting in a simple entry
system. The abovementioned undertakings shall be released from
the development and issuing of accounting organisation
documents.
(4) The requirements laid down in Paragraph two, Clauses 2 and
3 of this Section shall not apply to the head of the undertaking
referred to in Section 35 of this Law who is entitled to conduct
the accounting himself or herself. The abovementioned
undertakings shall be released from the development,
introduction, and maintenance of an accounting control system,
and also from the determination of the general security
provisions for the accounting information computer systems and
the mandatory technical and organisational requirements for
accounting data protection.
Section 32. Rights of the Head of an
Undertaking in the Field of Accounting
The head of an undertaking is entitled:
1) in conformity with the provisions of Section 11 of this Law
regarding details of the document to be included in the source
document and information on the economic transaction, to select
the form (electronic or paper form), content of a source document
and the procedures for the drawing up or preparation thereof,
except for the case when the form, content of the relevant source
document and the procedures for the drawing up or preparation
thereof are governed by a particular law or regulation;
2) to select the type, content, number of accounting registers
and the procedures for the preparation thereof (electronic or
paper form), taking into account the structure of the particular
undertaking, the nature of the economic activity, and the amount
of the information to be processed, except for the case when the
type, content of the relevant accounting register and the
procedures for the preparation thereof are governed by a
particular law or regulation;
3) to select an accounting computer programme or accounting
information computer system software, taking into account the
functional, technical, and data security requirements preferable
or necessary for the activity of the particular undertaking,
except for the case when the use of the particular computer
programme or the requirements to be brought forward for it are
governed by a particular law or regulation.
Section 33. Responsibility and
Obligation of the Head of an Undertaking to Reimburse Losses
(1) The head of an undertaking shall be responsible for:
1) conduct of accounting in accordance with the requirements
of this Law;
2) the conservation and protection of the originals, copies,
or data images of accounting documents against destruction or
losing until their transfer to the archives of the undertaking,
and also the conservation of accounting documents in the archives
of the undertaking and their availability to performers of
audits, tax administration, law enforcement authorities, courts,
and also other authorities in the cases provided for in laws and
regulations in accordance with that specified in the Trade Secret
Protection Law in relation to a trade secret in accounting.
(2) The head of an undertaking shall be liable for the losses
that have been incurred by the undertaking, the State (local
government), or third party as a result of violation of the
provisions of this Law due to his or her fault. Natural and legal
persons who have incurred such losses are entitled to claim
compensation therefor in accordance with the procedures laid down
in laws and regulations.
Chapter VII
Person Entitled to Conduct the Accounting
Section 34. Accountant and
Outsourced Accountant
(1) The conduct of accounting in an undertaking shall be
performed by an accountant or outsourced accountant with whom the
head of the undertaking has entered into a relevant written
agreement which stipulates the obligations, rights, and liability
of such person.
(2) Within the meaning of this Law:
1) an accountant is a natural person who, on the basis of a
written agreement with the undertaking (except for a
work-performance contract), prepares annual statements,
consolidated annual statements, and other financial statements
specified in laws and regulations in the undertaking in
accordance with the requirements of the relevant laws and
regulations and also is competent to perform other obligations of
the conduct of accounting specified in this Law and whose
competence in the abovementioned accounting issues is certified
by a relevant education document (diploma or certificate), and
also such natural person whose competence in the accounting
issues referred to in this Clause is certified by experience or a
corresponding certificate certifying knowledge in the field of
accounting;
2) an outsourced accountant is a person who, on the basis of a
written contract with the undertaking (except for a
work-performance contract), pledges to provide or provides
accounting services to the customer and conforms to the following
conditions:
a) if the outsourced accountant is a natural person, he or she
has obtained at least first level vocational higher education
(college education) within the meaning of the Vocational
Education Law or academic higher education (at least bachelor's
degree) in the field of accounting, economy, management, or
finances and he or she has at least three-year experience in the
field of accounting;
b) if the outsourced accountant is a merchant, the
requirements for education and experience referred to in
Sub-clause "a" of this Clause shall apply to a member of the
board of the commercial company or an individual merchant, or a
participant in the merchant who is responsible for the provision
of the outsourced accounting service (hereinafter - the
responsible outsourced accountant);
3) such natural person shall not be considered an accountant
who only performs the obligation of a recording and accounting
employee under management of an accountant or independently in
accordance with the basic tasks conforming to the profession and
the basic requirements for qualification (for example,
calculation of wages or prime cost, recording of material values,
preparation of invoices, preparation of inventory lists, entering
of the data of source documents, arrangement of the archives,
conduct of single entry accounting) specified in the laws and
regulations regarding classification of professions or other
obligations related to the conduct of accounting (for example,
scanning of invoices, conversion into human-readable and
machine-readable format (in XML format) or sending, arranging of
documents for storage);
4) such natural or legal person shall not be considered an
outsourced accountant who only performs the obligations referred
to in Clause 3 of this Paragraph.
(3) An outsourced accountant shall ensure conformity with the
requirements of the Law on the Prevention of Money Laundering and
Terrorism and Proliferation Financing.
(4) conduct of accounting of trade unions and their
associations, associations and foundations may be performed by a
voluntary performer of work with whom the management body has
entered into a written agreement in which the obligations,
rights, and liability of such person are specified.
Section 35. Head of an Undertaking
Entitled to Conduct the Accounting Himself or Herself
By derogation from the requirements of Section 34 of this Law,
the head of an undertaking is entitled to conduct the accounting
himself or herself if he or she is:
1) an owner of an individual enterprise, farm or fishing
enterprise;
2) a natural person performing economic activity;
3) an individual merchant;
4) the sole member of the board of a capital company who is
the sole participant in the capital company;
5) the head of a religious organisation or its institution if
accounting in the religious organisation or its institution is
conducted in a single entry system;
6) a member of the executive body or management body (the
board) of an association, foundation;
7) an administrator who, in fulfilling the requirements of the
Insolvency Law, organises recording of accounting of a debtor
during insolvency proceedings of a legal person.
Section 36. Person who is not
Considered an Outsourced Accountant
If an institution which is financed from the State budget or
local government budgets, and a State or local government agency
provides accounting services to another institution financed from
the State budget or local government budgets, and State or local
government agency, it shall not be considered an outsourced
accountant.
Section 37. Person who is Prohibited
to be an Outsourced Accountant
Such natural person who has been punished for committing an
intentional criminal offence in national economy or in the
service of State authorities or for committing such crime which
is related to terrorism and who has not been exonerated or whose
criminal record has not been extinguished or set aside, or such
natural person for whom the licence of an outsourced accountant
has been cancelled for the violations of the Law on the
Prevention of Money Laundering and Terrorism and Proliferation
Financing or the Law on International Sanctions and National
Sanctions of the Republic of Latvia is prohibited from being an
outsourced accountant. Such natural person may not hold leading
offices or be the beneficial owner (within the meaning of the Law
on the Prevention of Money Laundering and Terrorism and
Proliferation Financing) for an outsourced accountant.
Section 38. Licensing of an
Outsourced Accountant
(1) The activity of an outsourced accountant shall be
permitted if he or she has a valid licence of an outsourced
accountant.
(2) The issuing of a licence of an outsourced accountant, the
extending (hereinafter - re-registration), suspension,
cancellation of its term of validity, and the supervision of
outsourced accountants shall be performed by the State Revenue
Service. The licence of an outsourced accountant shall be issued
for a period of five years.
(3) A State fee in the amount of EUR 100 shall be paid for the
issuing or re-registration of the licence of an outsourced
accountant. The State fee shall be paid before submitting the
relevant documents by transferring it into the State budget. If
after receipt of all the necessary documents the State Revenue
Service detects a non-conformity with the licensing requirements
and it is not eliminated, the State fee shall not be repaid.
Payments into the State budget shall be made, using the
intermediation of such payment service provider which has the
right to provide payment services within the meaning of the Law
on Payment Services and Electronic Money.
(4) A person who wishes to commence the provision of
outsourced accounting services or to re-register a licence shall
submit a relevant submission to the State Revenue Service,
indicating or attaching the following information and
documents:
1) a submission indicating the following information:
a) a merchant - the given name, surname, personal identity
number of the responsible outsourced accountant, the name (firm
name) and registration number or taxpayer registration code of
the merchant;
b) a natural person performing economic activity - the given
name, surname, taxpayer registration code;
2) the following documents shall be attached to the
submission:
a) a copy of the civil liability insurance policy;
b) documentation of policies and procedures for the internal
control system established in accordance with the laws and
regulations in the field of the prevention of money laundering
and terrorism and proliferation financing;
c) copies of documents certifying professional
qualification;
d) a certification regarding professional experience.
(5) The State Revenue Service shall suspend the licence and
make a note thereon in the register in the following cases:
1) on the basis of a submission of the responsible outsourced
accountant;
2) there is no valid civil liability insurance policy;
3) economic activity has been suspended;
4) the sole responsible outsourced accountant of the merchant
has deceased;
5) an accounting programme without a licence is used for the
conduct of accounting;
6) the information referred to in Section 39, Paragraph three
of this Law has not been submitted;
7) the responsible outsourced accountant has terminated
employment relationship with the outsourced accounting service
provider and the outsourced accounting service provider does not
have another outsourced accountant registered with the State
Revenue Service.
(6) The State Revenue Service shall cancel the licence and
exclude the outsourced accountant from the register in the
following cases:
1) the outsourced accountant does not conform to the
requirements laid down in Section 34, Paragraph three, Section
37, and Section 38, Paragraph four of this Law or also
intentionally provides false information on the conformity with
the requirements laid down for an outsourced accountant;
2) the outsourced accountant systematically does not cooperate
with the State Revenue Service and does not provide the requested
information;
3) the responsible outsourced accountant is included in the
list of risk persons within the meaning of Section 1, Clause 31
of the law On Taxes and Fees;
4) the legal address or address of the unit of the merchant of
the outsourced accountant or the address of the declared place of
residence of the natural person who performs economic activity
conforms to the risk address within the meaning of Section 1,
Clause 30 of the law On Taxes and Fees;
5) within a year, it is repeatedly detected that the State
Revenue Service has not been notified of suspicious transactions
which conform to the signs indicated in Section 22.2,
Paragraph three of the law On Taxes and Fees;
6) the outsourced accounting service provider, in performing
economic activity, does not fulfil the obligations specified in
Section 15, Paragraph one of the law On Taxes and Fees, evades
taxes, or such circumstances have been detected which give
evidence that the relevant outsourced accounting service provider
is involved in the performance of such activities that are
directed towards tax evasion;
7) the outsourced accountant has been excluded from the
Commercial Register or the taxpayer register;
8) the outsourced accountant - natural person - has deceased
(if the outsourced accountant is a natural person who performed
economic activity);
9) on the basis of a submission of the outsourced
accountant;
10) within a year since suspending the licence, its operation
has not been renewed.
Section 39. Register of Outsourced
Accountants
(1) Outsourced accountants are recorded in a publicly
available Register of Outsourced Accountants (hereinafter - the
Register) which is maintained by the State Revenue Service on its
website.
(2) The information specified in Paragraph three of this
Section shall be indicated in the Register. The information shall
be updated at least every five working days. The personal
identity number of natural persons is not made public in the
public part of the Register.
(3) The following information on the outsourced accountant
shall be recorded in the Register:
1) the name (firm name), registration number, or taxpayer
registration code of the merchant and the given name and surname
of the responsible outsourced accountant, but for a natural
person performing economic activity - the given name and surname,
taxpayer registration code;
2) the number of the licence;
3) the date and basis of the issuance, suspension of operation
of the licence or the cancellation of the licence;
4) information on professional indemnity insurance of the
accountant.
(4) If any of the information referred to in Paragraph three,
Clauses 1 and 4 of this Section changes, the outsourced
accountant shall, within two weeks, submit a relevant
notification to the State Revenue Service.
Section 40. Civil Liability
Insurance of an Outsourced Accountant
(1) An outsourced accountant has an obligation to insure his
or her civil liability for the losses caused as a result of
professional activity or failure to act.
(2) The minimum liability limit for the professional civil
liability insurance of an outsourced accountant shall not be less
than:
1) EUR 3000 if net turnover (revenues) of at least one
customer from economic activity in the previous reporting year
does not exceed or is equivalent to EUR 300 000;
2) EUR 5000 if net turnover (revenues) of at least one
customer from economic activity in the previous reporting year
exceeds EUR 300 000.
Chapter VIII
Administrative Offences in the Field of Accounting and Competence
in the Administrative Offence Proceedings
Section 41. Failure to Comply with
the Procedures for Recording Cash
For failure to comply with the procedures for recording cash,
a warning or a fine of up to seventy units of fine shall be
imposed.
Section 42. Failure to Comply with
the Provisions for the Conduct of Accounting, Failure to Submit
an Annual Statement and Consolidated Annual Statement
For failure to comply with the provisions for the conduct of
accounting, failure to submit an annual statement and
consolidated annual statement to the State Revenue Service or the
Corruption Prevention and Combating Bureau within the specified
time periods or for the submission of an annual statement and
consolidated annual statement not conforming to laws and
regulations, a warning or a fine of up to four hundred units of
fine shall be imposed.
Section 43. Failure to Comply with
the Procedures for the Registration and Use of Source
Documents
(1) For failure to comply with the procedures for drawing up,
registration, and use of source documents, a warning or a fine of
up to eighty-six units of fine shall be imposed.
(2) For failure to comply with the procedures for drawing up,
registration, and use of source documents regarding transactions
or activities involving excisable goods, a warning or a fine of
up to four hundred units of fine shall be imposed.
Section 44. Failure to Comply with
the Procedures for the Use and Registration of the Documents of
the Supply of Goods
(1) For failure to comply with the procedures for drawing up,
registration, and use of the documents of the supply of goods, a
warning or a fine of up to eighty-six units of fine shall be
imposed.
(2) For failure to comply with the procedures for drawing up,
registering, and using such documents of the supply of goods
which refer to transactions or activities involving excisable
goods, a warning or a fine of up to four hundred units of fine
shall be imposed.
Section 45. Competence in the
Administrative Offence Proceedings
(1) Administrative offence proceedings for the offences
referred to in Sections 41, 42, 43, and 44 of this Law shall be
conducted by the State Revenue Service.
(2) Administrative offence proceedings for the offences
referred to in Section 42 of this Law if such offences have been
committed by a political organisation (party) or an alliance of
political organisations (parties) shall be conducted by the
Corruption Prevention and Combating Bureau.
Transitional Provisions
1. With the coming into force of this Law, the law On
Accounting (Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1992, No. 44/45; Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 1995, No. 3, 23; 1996, No. 24;
1999, No. 15; 2000, No. 10; 2003, No. 12; 2004, No. 6; 2006, No.
10; 2009, No. 9; Latvijas Vēstnesis, 2010, No. 102, 166,
2011, No. 65, 184; 2013, No. 87, 194, 250; 2016, No. 197, 241;
2017, No. 231, 236; 2019, No. 224; 2021, 37) is repealed.
2. The Cabinet shall, by 1 July 2022, issue the regulations
referred to in Section 5, Paragraph three, Section 6, Paragraph
seven, Section 8, Paragraph four, Section 10, Paragraph three,
Section 11, Paragraph thirteen, Section 12, Paragraph four,
Section 14, Paragraph four, Section 15, Paragraph three, Section
18, Paragraph two, Clause 1, Section 21, Paragraph three, and
Section 23, Paragraph three of this Law. Until the day of coming
into force of the abovementioned regulations, but not later than
until 1 July 2022, the following Cabinet regulations shall apply,
insofar as they are not in contradiction with this Law:
1) Cabinet Regulation No. 583 of 21 October 2003, Evaluation
of the Property of the Undertaking, also Claims and Liabilities
in Accounting and Reflection Thereof in Financial Statements when
Terminating the Activity of the Undertaking or the Structural
Unit Thereof;
2) Cabinet Regulation No. 584 of 21 October 2003, Regulations
Regarding Recording of Cash Operations;
3) Cabinet Regulation No. 585 of 21 October 2003, Regulations
Regarding the Conduct and Organisation of Accounting;
4) Cabinet Regulation No. 591 of 13 July 2004, Regulations
Regarding Annual Statements of Political Organisations (Parties)
and Their Alliances;
5) Cabinet Regulation No. 808 of 3 October 2006, Regulations
Regarding the Annual Statements of Associations, Foundations, and
Trade Unions;
6) Cabinet Regulation No. 928 of 14 November 2006, Regulations
Regarding the Annual Statements of Religious Organisations;
7) Cabinet Regulation No. 188 of 20 March 2007, Procedures for
the Conduct of Accounting in a Simple Entry System by Individual
Merchants, Individual Undertakings, Farm and Fishing Enterprises,
Other Natural Persons Performing Economic Activity;
8) Cabinet Regulation No. 301 of 8 May 2007, Regulations
Regarding the Annual Statements of Individual Merchants.
3. Outsourced accountants are entitled to continue the
provision of accounting services without a licence not longer
than until 1 July 2023. If an outsourced accountant (natural
person) or the responsible outsourced accountant does not have
education corresponding to the requirements laid down in Section
34, Paragraph two, Clause 2, Sub-clause "a" of this Law but has
corresponding experience in the field of accounting, his or her
actual education may be recognised, until 1 July 2025, as
corresponding education for the responsible outsourced accountant
if he or she has commenced or continues studies corresponding to
the abovementioned requirements for education and, each year by
15 October, submits a statement issued by the higher education
institution to the State Revenue Service regarding successful
continuation of the studies. If an outsourced accountant (natural
person) or the responsible outsourced accountant has been granted
a State old-age pension (also before the due time) or he or she
has reached the age which gives the right to receive a State
old-age pension, or six years or less have remained until
reaching the age and he or she has corresponding education in the
field of accounting, in such case, without applying the
requirements for education laid down by law, he or she may
receive the licence of an outsourced accountant the term of
validity of which is five years, but not longer than 1 July
2027.
4. Section 40, Paragraph two of this Law shall come into force
on 1 January 2023.
5. Until the day when Section 40, Paragraph two of this Law
comes into force, the minimum liability limit for the
professional civil liability insurance of an outsourced
accountant shall not be less than EUR 3000.
Informative Reference to European
Union Directives
The Law contains legal norms arising from:
1) Directive (EU) 2017/1132 of the European Parliament and of
the Council of 14 June 2017 relating to certain aspects of
company law;
2) Directive (EU) 2015/849 of the European Parliament and of
the Council of 20 May 2015 on the prevention of the use of the
financial system for the purposes of money laundering or
terrorist financing, amending Regulation (EU) No 648/2012 of the
European Parliament and of the Council, and repealing Directive
2005/60/EC of the European Parliament and of the Council and
Commission Directive 2006/70/EC.
The Law shall come into force on 1 January 2022.
The Law has been adopted by the Saeima on 10 June
2021.
President E. Levits
Rīga, 28 June 2021
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)