Best Accounting & Auditing Lawyers in Sintra

About Accounting & Auditing Law in Sintra, Portugal

Accounting and auditing in Sintra are governed by national Portuguese law and professional standards, with local administrative bodies handling registration and certain municipal matters. The core legal framework covers how companies prepare and present financial statements, record keeping requirements, tax reporting, and when an independent audit is required. Professional conduct rules for accountants and auditors are set by their respective regulatory bodies. For most practical purposes businesses and individuals in Sintra follow the same rules as elsewhere in Portugal, but they will interact with local offices for tax, social security and company registration.

Why You May Need a Lawyer

Legal expertise is often needed where accounting or auditing issues create legal risk or require formal resolution. Common situations include:

- Disputes between shareholders about financial statements, dividends or accounting policies.

- Professional liability claims against accountants or auditors for alleged negligent work or breach of duty.

- Tax audits or assessments by Autoridade Tributária e Aduaneira that lead to penalties, interest or litigation.

- Regulatory investigations into fraud, money laundering, or non-compliance with reporting obligations.

- Corporate transactions such as mergers, acquisitions or reorganizations where due diligence uncovers accounting issues.

- Enforcement actions by creditors, insolvency proceedings and restructuring where accurate accounts and audits are critical.

- Contract disputes tied to financial representations, loan covenant breaches or guarantor obligations.

In these situations a lawyer with experience in accounting, tax, corporate or administrative law can help you understand obligations, negotiate with authorities or other parties, prepare appeals and represent you in court or administrative proceedings.

Local Laws Overview

The most relevant legal and regulatory elements to understand in Sintra are national in scope, but practical interactions happen locally. Key aspects include:

- Accounting Standards - Portugal implements the Sistema de Normalização Contabilística (SNC) and related Normas Contabilísticas e de Relato Financeiro (NCRF) for companies. Larger entities or listed companies often apply international accounting standards for financial reporting. These standards determine how transactions are recognized and disclosed.

- Audit Requirements - Statutory audits are required for entities that meet certain size or activity thresholds set by law, and for entities subject to specific regulatory regimes. Auditors must be licensed professionals and follow auditing standards. The profession is regulated by the Ordem dos Revisores Oficiais de Contas.

- Corporate Law - The Código das Sociedades Comerciais and related rules govern company accounting obligations, approval of accounts by shareholders and directors obligations regarding financial reporting.

- Tax Law - Tax reporting and record-keeping obligations fall under the Autoridade Tributária e Aduaneira. VAT, corporate income tax and other tax rules impose specific documentation and reporting duties, and tax law interacts with accounting treatment.

- Social Security and Employment - Payroll accounting and employer contributions are regulated by Segurança Social and employment rules under the Código do Trabalho, which tie into accounting and liability for unpaid contributions.

- Professional Regulation - The Ordem dos Contabilistas Certificados regulates certified accountants; the Ordem dos Revisores Oficiais de Contas regulates auditors. Both set professional and ethical standards, continuing education requirements and disciplinary procedures.

- Local Administrative Bodies - For businesses in Sintra you will deal with the Câmara Municipal de Sintra for local permits, the local Finanças office for tax administration tasks, and the competent conservatória for company registration matters. Litigation related to accounting or audit disputes is usually heard in the competent judicial tribunal for the comarca.

Frequently Asked Questions

Do I need a statutory audit for my company in Sintra?

Whether you need a statutory audit depends on your companys size, legal form and activity. National law sets size-based thresholds and specific situations that trigger audit requirements. If your company is large, publicly accountable, or meets the thresholds, a statutory audit will be mandatory. A lawyer or qualified accountant can check your situation against the current legal criteria.

What is the difference between an accountant and an auditor?

An accountant prepares financial records, performs bookkeeping and helps produce financial statements and tax filings. An auditor - usually a licensed statutory auditor - performs an independent examination of financial statements to express an opinion on whether those statements give a true and fair view and comply with applicable standards. Auditors are subject to specific independence and reporting rules.

Can I challenge an auditors opinion?

Yes, you can challenge an auditors opinion, but you should first understand the basis of the opinion and the audit working papers if available. Disputes are often handled through dialogue with the auditing firm, mediation, professional complaint to the regulatory body, or judicial review if there are grounds such as negligence or breach of professional duties.

What are the typical grounds for a professional liability claim against an accountant or auditor?

Claims commonly allege negligence in preparing financial statements or audits, failure to detect fraud where audit standards were not met, breach of professional duty, conflicts of interest, or misrepresentation. Success depends on proving a duty of care, breach, causation and damages.

How long must I keep accounting records in Portugal?

Portuguese law requires companies to keep accounting books, supporting documents and tax records for a number of years. While exact retention periods can vary by type of document and applicable law, a common practice is to retain core accounting and tax documentation for 10 years. Check with a lawyer or accountant for your specific requirements.

What should I do if the tax authority opens an audit or assessment?

Gather relevant accounting records, engage your accountant and consider prompt legal advice. A lawyer experienced in tax law can help manage communication with the tax authority, prepare formal responses, negotiate settlements, and, if necessary, file administrative appeals or litigation to challenge assessments.

Can auditors or accountants be criminally liable?

Yes, in some circumstances auditors or accountants can face criminal liability, for example if they are involved in fraud, deliberate falsification of accounts, money laundering or obstruction of justice. Criminal liability requires evidence of intentional unlawful conduct and is pursued by public prosecutors.

How do I select a lawyer for an accounting or auditing dispute in Sintra?

Look for a lawyer or law firm with experience in corporate, tax and professional liability litigation. Check for relevant case experience, local knowledge of Sintra administrative and judicial bodies, and an ability to work with accountants and forensic experts. Ask for references, engagement terms, estimated fees and communication expectations.

What costs should I expect for legal assistance?

Costs vary by complexity, urgency and whether the matter proceeds to court. Many lawyers offer an initial consultation fee or a fixed-fee assessment. For litigation, costs can include lawyers fees, court costs, expert fees and potential advances. Ask for a clear fee agreement and an estimate of overall costs during your first meeting.

Where can I file a complaint against an accountant or auditor?

Professional complaints are normally filed with the relevant regulatory body - the Ordem dos Contabilistas Certificados for accountants or the Ordem dos Revisores Oficiais de Contas for auditors. For serious unlawful conduct, you can also report to public authorities such as the tax authority, police or public prosecutor. A lawyer can advise the best course of action.

Additional Resources

Useful institutions and bodies to consult when dealing with accounting and auditing matters in Sintra include:

- Autoridade Tributária e Aduaneira (Tax Authority)

- Segurança Social

- Ordem dos Contabilistas Certificados

- Ordem dos Revisores Oficiais de Contas

- Comissão do Mercado de Valores Mobiliários - for regulated markets and listed companies

- Câmara Municipal de Sintra - for local business permits and municipal taxes

- Conservatória do Registo Comercial - for company registration and filings

- Tribunal Judicial da Comarca de Sintra - for civil and commercial litigation

- Local offices of the Instituto de Emprego e Formação Profissional and other business support services for small companies

Next Steps

If you need legal assistance for an accounting or auditing issue in Sintra, consider the following practical steps:

- Gather Documentation - collect financial statements, audit reports, contracts, correspondence with professionals and any notices from authorities.

- Consult an Accountant - ask a certified accountant to review accounting treatment and assess compliance with accounting standards.

- Arrange a Legal Consultation - contact a lawyer with experience in accounting, tax or corporate law to get an initial assessment. Bring your documents and a clear timeline of events.

- Clarify Objectives - decide whether you want to resolve the matter by correcting accounts, negotiating with the other party or authority, filing a professional complaint, pursuing civil damages, or defending against claims.

- Agree on Engagement Terms - get a written engagement letter explaining services, fees, billing arrangements and estimated timelines.

- Consider Alternative Dispute Resolution - in many cases mediation or arbitration can be faster and less costly than litigation; your lawyer can advise if these routes are appropriate.

- Stay Proactive - respond promptly to deadlines from authorities, preserve evidence and maintain clear communication with your legal and accounting advisors.

Accounting and auditing matters can be complex and have significant financial and legal consequences. Early professional advice helps protect your rights and achieve a practical resolution.