Tax authorities and officials of tax authorities are obliged to protect the confidentiality of information obtained about taxpayers or information entrusted to them when they are working or performing their duties in the period after leaving work.
What information is considered a trade or tax secret?
Apart from the information mentioned below, other information obtained about the taxpayer is considered commercial or tax secret and personal information:
- information revealed by the taxpayer's own consent;
- information about the taxpayer's identification number (TIN) and the accounting code of the economic entity;
- information about the authorized capital of the enterprise;
- information on the cases of violations of the tax legislation and the liability measures applied at that time.
- on taxes, unemployment insurance, compulsory state social insurance and compulsory health insurance fees, financial sanctions and interest
- information in the state register of legal entities (except information about the founders of commercial legal entities and their shares).
- information on the taxpayer's VAT registration;
- information on termination of business or other taxable operations of the taxpayer in accordance with the law;
- whether the taxpayer is a risky taxpayer or not, information about the decisions made by the tax authority in this regard.
Disclosure and use of trade or tax secrets
According to the AR Law "On Commercial Secrets", information considered to be a taxpayer's commercial secret or a tax secret shall not be disclosed by tax authorities or their officials, except in cases determined by law.
Disclosure of a commercial and (or) tax secret refers to the use of a commercial or tax secret known to an official of a tax authority, an expert or an engaged specialist while performing his duties during a tax audit, as well as giving it to another person.
There is a special regime for the protection and acquisition of information that is considered a commercial or tax secret.
Information considered commercial and (or) tax secrets can be obtained by officials on the list determined by the relevant executive authority.
Loss or disclosure of information considered to be commercial and (or) tax secrets leads to legal liability.
Cases of providing information to other authorities that are considered commercial or tax secrets
According to the Tax Code, tax authorities and their officials may provide information about taxpayers to other authorities only in the following cases:
- to the tax authority and officials for the implementation of the duties of the tax authorities;
- to the relevant executive authority for the purpose of investigation and prevention of criminal violations;
- to the relevant courts for the implementation of justice;
- to the relevant state authorities of other countries with international agreements that AR is a party to;
- "On Social Insurance", "On Medical Insurance", "On Unemployment Insurance", an institution determined by the relevant executive power body for the performance of duties defined by AR laws;
- to the customs authorities for the application of the customs legislation;
- to the financial monitoring body for the prevention of the legalization of money or property obtained through crime and the financing of terrorism;
- to executive officers for the purpose of implementation of executive actions according to AR law "On Execution";
- to notaries for the purpose of performing notarial actions and providing related services according to the law of AR "On Notary";
- To the Accounting Chamber of the Republic of Azerbaijan for the implementation of the duties stipulated by the law of the Republic of Azerbaijan "On the Accounting Chamber";
- Other cases.
Information about the taxpayer can be given to another person with his written permission.
As a Macis Consulting company, we provide a number of services to business owners who want to operate both as an individual entrepreneur and as a legal entity. Our company has been providing its business partners with both forms of business creation, accounting services, audit and legal process services for years. Contact us get all the accounting, financial and legal services your business needs.
