🧾 A company honestly paid 3% under the cash amnesty and resolved the issue of its fictitious cash. Three years later, it turned out the issue wasn't resolved, but merely moved to another account.
The situation. A company established in 2022 had money in its cash register for years that physically didn't exist, and 'debts' from partners to the company. In 2023, they used the amnesty: 3% tax paid, accounts cleaned up. The accountant chose not to write off the difference as an expense immediately to avoid collapsing equity, instead placing it on a temporary account 296. Later, this account was quietly closed using retained earnings. The owner wasn't even aware of this.
Where it breaks down. In June, the State Council recognized such a closure as a distribution of profit: the difference from correcting the accounts is not a loss; it cannot be offset against undistributed profit. Since the profit available for distribution decreased, it means value was transferred to partners. Hence, a dividend tax that no one withheld. The Ministry of Finance shares this view.
What was done.
There hadn't been an audit yet, so the withholding was submitted under the voluntary correction regime: tax and penalty, without a fine for underpayment. Had they waited for an audit, a fine would have been imposed. For a second company in the same group, the difference was still on account 296. They decided not to touch this account but instead went through an increase in capital from internal sources: this is not a profit distribution, there is no withholding, and at the same time, the company met the new minimum capital requirement that must be fulfilled by December 31.
Conclusion. The amnesty covered the tax on the cash itself, but not the consequences of how the accountant later handled the account. This is a typical trap: an issue you considered resolved three years ago continues to exist on a temporary account, awaiting an audit.
Did you use the cash amnesty? Ask your accountant one thing: what is currently on account 296 and how was it closed? If the answer is "retained earnings," contact us before an audit comes first.
Full analysis of the solution and options for each situation: relocationtr.com/blog/kassovaya-amnistiya-schet-296-nalog-na-dividendy-danistay