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UNE 19602 Tax Compliance Certification
The UNE 19602 Tax Compliance standard on the prevention, detection and reaction to tax contingencies in organisations is now a reality. The aim of this standard is to establish a structure for implementing organisational and management models to prevent the materialisation of tax risks faced by an organisation and also to be able to accredit a culture of good tax practices following an internationally recognised methodology.
This standard is certifiable in the same way as UNE 19601 on criminal compliance, i.e. it is designed so that third party auditing and certification entities, through their independent auditing process, can certify compliance with the requirements of the standard. In this way, confidence can be given to third parties, including clients, collaborators, end users and, of course, the Tax Agency.
Due to the special importance of the matter in question and the consequences of possible non-compliance, it is advisable to rely on the guarantee offered by a recognised certification body such as EQA, which has been operating in the world of accredited certification for over 25 years, periodically audited by ENAC and which already has the appropriate procedures and material and human resources for the auditing of compliance management systems.
If your company has implemented a tax risk management model or plan in accordance with the UNE 19602, you are now able to obtain the certificate of conformity by ensuring that the model complies with the minimum requirements of a Tax Compliance Management System through an independent, impartial and competent third-party audit. EQA includes among its services the Tax Compliance Certification in accordance with UNE 19602 that allows you to be sure that your tax risk management model is suitable for your organisation and is properly implemented.
UNE 19602 certification diagram
Frequently Asked Questions
Can EQA help me to design and implement my tax compliance management system in accordance with UNE 19602?
No. EQA is a verification and certification body and does not provide advisory or consultancy services in its areas of activity. Our work consists of auditing and, where appropriate, certifying that your compliance management system has been designed in accordance with the reference standard, is implemented in your organisation and is being executed correctly.
In my organisation we have implemented a fiscal/tax risk management system, but it has not been carried out following the structure of the UNE 19602 standard. Is it possible to certify it?
In order to undertake a certification process with guarantees of success, it is advisable that this fiscal/tax risk management system acquires the structure of the standard. To do so, you may need to plan a transition project prior to starting the certification process.
In any case, at EQA we can audit your fiscal/tax risk management system even if it is not designed in accordance with UNE 19602, although this audit will not result in a certificate of conformity but in a verification report issued by an independent third party. These verification reports are requested in some areas, although it is expected that organisations will gradually replace the request for verification reports with the request for certificates of compliance.
I have already implemented my tax compliance management system in accordance with UNE 19602, is certification mandatory?
Undergoing a management system audit and certification process is – in principle – a voluntary matter. However, one of the natural objectives of implementing a system in accordance with a certifiable standard is precisely to go through the audit process and obtain a certificate of compliance.
The certificate is the reliable way to expose to third parties that the organisation really has a compliance management system in place. Although certification is a voluntary matter, there are certain markets where having a certificate can make the difference between being able to compete and being left out.
On the other hand, auditing and certifying your system allows you to ensure that your system is alive in your organisation and can help you to detect deviations and non-compliances, thus supporting the internal control work of the organisation.
What are the legal implications of certifying my tax compliance management system?
Obtaining a certificate of compliance of the compliance management system can be a valuable tool and a solid indication in favour of the organisation in the event that a tax contingency or offence has occurred, insofar as it can serve as proof of the organisation’s willingness to comply.
This has been stated by judicial bodies in relation to the criminal compliance certificate, and it would seem correct to extend this interpretation to the tax sphere. In any case, it must be pointed out that it will be the tax administration and, where appropriate, the courts of justice that will make the final decision on the value that can be given to the certificate in each situation.
Can any entity audit and certify my tax compliance management system in accordance with UNE 19602?
In principle, the certification bodies are the subjects called upon to carry out these auditing and certification processes, as they are organisations that have been providing this type of services for decades, experts in working under the premises of independence, impartiality and technical competence. Moreover, those that have made a firm commitment to compliance – as is the case of EQA – will tend to have solid structures and their own staff with exclusive dedication to undertake these projects.
In principle, using accredited certification bodies can be an indication that the entity complies with the appropriate levels of independence, impartiality and competence.
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