The tax legislation of Georgia undergoes frequent changes. Amendments to the law necessitate meticulous consideration of numerous details, resulting in common occurrences of unclear issues. There are taxpayers who, whether intentionally or unintentionally, fail to remit state taxes or incorrectly fulfill their tax obligations, leading to potential tax liabilities. It is imperative for every business representative to understand the circumstances under which criminal liability, as stipulated by law, may arise.
According to the Tax Code of Georgia, any reduction of the tax amount exceeding 100,000 GEL in a person's tax declaration is deemed as tax evasion and results in liability under the procedures outlined in Georgia's criminal law. Should a tax audit reveal such a reduction exceeding 100,000 GEL, liability will also ensue under Georgia's criminal law. Notably, this liability is applicable solely to cases of deliberate tax evasion.
Willful evasion of substantial tax amounts is subject to punishment by a fine or imprisonment for a term ranging from three to five years. The taxpayer shall not face criminal liability if the principal amount, as assessed for payment, is settled, deferred, or adjusted within 45 working days following the receipt of the "tax request" subsequent to a tax audit, or if the obligation's payment is suspended in accordance with the law.
Should it be determined that a company intentionally evaded taxes exceeding 100,000 GEL, and in addition, the settlement, deferral, or suspension of payment occurred within 45 working days from the receipt of the tax request, the individual will no longer be held accountable under the law.
Regarding the responsibility of a specific representative of the company, the imposition of a tax penalty against the enterprise/organization for a tax offense, given the presence of relevant grounds, does not absolve its officials from administrative, criminal, or other forms of responsibility stipulated by the legislation of Georgia.
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