What happens if my BV files its annual accounts late?
Short answer
Filing late is a criminal offence and can lead to a fine. The biggest risk comes with bankruptcy: if the accounts were filed late in the three years before, it is established that the board performed its duties improperly and the receiver can hold you personally liable as director for the shortfall. So file as soon as possible.
Reviewed by Petter CreemersTax adviserUnder article 2:248 of the Dutch Civil Code, in bankruptcy it is presumed that the improper performance of duties was an important cause of the bankruptcy. You can rebut that presumption by showing the bankruptcy had another important cause, but that is difficult. A minor, unimportant delay does not count.
What to do now
- Have the annual accounts prepared, adopted and filed via SBR as soon as possible
- If they have not been adopted yet, file provisional accounts
- Check earlier years too: every late filing in the past three years counts
- Make sure the records themselves are in order, because the record-keeping obligation also counts in bankruptcy
How we help
If your year-end work is behind, we first put the records right and complete the missing annual accounts. After that we monitor the deadlines, so it doesn't happen again.
Sources
This answer is general information, not personal advice. Your own situation may work out differently, so feel free to ask our team.