Summary of Romanian fiscal and accounting news of June 2024

Summary of Romanian fiscal and accounting news of June 2024

Access the magazine version of this Newsletter in pdf format: English?or Romanian

Summary

  1. Amendments to RO e-Factura system and cash register regulations (GEO 69/2024)
  2. Implementation of pre-filled VAT tax return (GEO 70/2024)
  3. Amendments on RO e-Transport, RO e-TVA, RO e-Factura systems and on fiscal facilities related to minimum salary (GEO 87/2024)
  4. Update on RO e-Transport procedure (Order 1268/1337/2024)
  5. New level for minimum gross salary (GD 598/2024)
  6. Amendments to Fiscal Code (GEO 59/2024)
  7. Amendments to VAT and regulation of VAT regime related to warranty-return system - SGR (GEO 78/2024)
  8. Updated lists of medium and large-size taxpayers (Order 1030/2024)
  9. Change in VAT exemptions for construction, renovation and modernization services of hospital units and deliveries of medical equipment (Law 204/2024)
  10. New accounts introduced to general chart of accounts to register Minimum Turnover Tax, or IMCA (Order 981/2024)
  11. Ex officio VAT determination for inactive taxpayers and for those with cancelled VAT code (Order 1399/2024)
  12. Changes related to tax on building exemptions (Law 192/2024)
  13. Supplement Law on National Archives regarding electronic documents (Law 201/2024)
  14. Other legislative news
  15. June 2024 closing exchange rates


Emergency Ordinance 69/2024 to amend and complement certain normative acts in the field of management and implementation of the national RO e-Factura system and electronic fiscal cash registers, as well as other fiscal measures (Official Gazette 582/2024)

Summary

The Ordinance brings amendments to RO e-Factura system and complements the mandatory information that should be included on fiscal receipts.

Details

A. Amendments to RO e-Factura system

1. Extension of RO e-Factura system to B2C commercial relations

Starting from the 1st of July 2024, the RO e-Factura system also applies in B2C relations, specifically for transactions having as object the execution of works, delivery of goods/products and/or provision of services, between an economic operator - taxable entity established in Romania and a non-taxable entity, other than contracting authorities/entities and public institutions.

Application is optional between the 1st of July and the 31st of December 2024 and becomes mandatory from the 1st of January 2025.

Simplified invoices are exempt from the obligation to be submitted through the RO e-Factura.

The transmission deadline is the same as for B2B relations, i.e. 5 calendar days from invoice date, but no later than 5 calendar days from the deadline to issue the invoice.

Suppliers/providers have the obligation to also send invoices through other means, according to provisions of the Fiscal Code.

Deliveries of goods/provision of services carried out to an individual, who identifies himself/herself in relation to the supplier/provider with his personal numerical code, are considered a B2C relation.

2. Clarification on obligation to submit certain invoices as a RO e-Factura

Invoices for which submission to national RO e-Factura system is mandatory:

  • Self-invoices issued according to art. 319 para. (8) of the Fiscal Code.

Self-invoices issued by taxable entities established in Romania, for each delivery of goods or provision of services to themselves, are considered invoices issued in B2B relationships;

  • invoices issued in the name and on behalf of suppliers by enforcement bodies, including bailiffs and the National Agency for the Management of Seized Assets. For this purpose, the RO e-Factura Foreclosure Register is being organized.

Invoices for which submission to RO e-Factura system is NOT mandatory:

  • operations that are not within the scope of VAT or for amounts that are not included in the VAT tax base and for which there is no obligation to issue an invoice;

Taxable entities established in Romania, which issue invoices for operations that are not within the scope of VAT or for amounts that are not included in the VAT tax base, for which there is no obligation to issue an invoice according to art. 319 of the Fiscal Code, are not obliged to use RO e-Factura system for these invoices;

  • delivery of goods/provision of services carried out by persons provided by art. 294 para. (1) letter j)—n) of the Fiscal Code (in favour of diplomatic missions and consular offices, the European Community, European Atomic Energy Community, European Central Bank, European Investment Bank, etc.);
  • invoices issued by associations and foundations set according to GO 26/2000 on associations and foundations, other NGOs, political parties and cults, which are not registered for VAT purposes;
  • invoices issued by farmers who are individuals and apply the special regime for farmers.

3. Clarification on obligation of associations, foundations, political parties and cults to use RO e-Factura.

Associations, foundations, political parties and cults that are not registered under the scope of VAT do not have the obligation to use the RO e-Factura system for invoices issued between the 1st of July 2024 and the 30th of June 2025, but they may opt to use the system. In this regard, it is necessary to register in the Optional RO e-Factura Register, the registration being carried out starting the 1st of the month following the one when the option was communicated to authorities.

If these entities carry out economic activity, they have the obligation to register with the mandatory RO e-Factura Register by the 1st of July 2025, if they have not already opted for the application of RO e-Factura system. However, and they start carrying out economic activities subsequent to the 30th of June 2025, they should enrol with the mandatory RO e-Factura Register prior to carrying out economic activities and they will be recorded in the register within 3 working days from application date.

Economic operators - taxable entities established in Romania that deliver goods/provide services to associations, foundations, political parties and cults, do not have the obligation to send invoices issued to them via the RO e-Factura system, unless the beneficiaries are registered in the optional RO e-Factura Register or, starting the 1st of July 2025, in the mandatory RO e-Factura Register.

The mandatory RO e-Factura Register becomes operational starting the 1st of July 2025.

4. Special regime for farmers

Clarification is made on obligation of individuals who are farmers and apply the special regime for farmers when using the RO e-Factura system.

Individuals who are farmers and apply the special regime for farmers do not have the obligation to use the RO e-Factura system for invoices issued between the 1st of July 2024 and the 30th of June 2025, but they may opt to use it. If they opt to transmit invoices through the RO e-Factura system, these persons are obliged to be registered in the optional RO e-Factura Register. People who opted to use RO e-Factura are recorded in the optional RO e-Factura Register starting the 1st of the month following the one when the option was communicated.

Individuals who are farmers are required to register in the RO e-Factura Register by the 1st of July 2025, if they have not already opted to use it.

Persons who start carrying out economic activities subsequent to the 30th of June 2025, should register with the mandatory RO e-Factura Register prior to carrying out economic activities and they will be recorded in the register within 3 working days from application date.

Economic operators - taxable entities established in Romania that deliver goods/provide services to individuals who are farmers, do not have the obligation to send invoices issued to them via the RO e-Factura system, unless the beneficiaries are registered in the optional RO e-Factura Register or, starting the 1st of July 2025, in the mandatory RO e-Factura Register.

5. Reporting non-receipt of electronic invoices

The possibility to report non-receipt of electronic invoices is introduced. An invoice for which issuance via the RO e-Factura system is mandatory, but the issuer fails to do so in due time, the beneficiaries will notify the competent fiscal authorities in this regard. This applies to invoices issued for delivery of goods/provision of services for which the payment is made upon delivery/provision. The notification procedure and measures to be taken by the fiscal authorities in order to send the invoices via RO e-Factura are established by ANAF Presidential Order.

6. Repeal of the RO e-Factura Register

The RO e-Factura Register is repealed for taxable entities established in Romania, because they submit invoices via the RO e-Factura system starting the 1st of July 2024.

Economic operators not established in Romania, but choosing to use the RO e-Factura system are automatically included in the optional RO e-Factura Register subsequent to the 1st of July 2024.

7. Contraventions

Failure to transmit one or more invoices issued in B2C relationship, that should be transmitted via the RO e-Factura system during a calendar month, is sanctioned starting the 1st of July 2025 with a fine.

  • RON 5,000 - RON 10,000 for large taxpayers;
  • RON 2,500 - RON 5,000 for medium taxpayers;
  • RON 1,000 - RON 2,500 for other legal entities, as well as individuals.

Failure to comply with the obligation to submit invoices via RO e-Factura by enforcement bodies, including bailiffs and National Agency for the Management of Seized Assets, is sanctioned with a fine from RON 5,000 to 10,000 for each invoice issued.

B. Amendments on cash register legislation

Fiscal receipt issued by electronic fiscal cash registers should also contain:

  • beneficiary fiscal registration code, upon request;
  • unit of measurement;
  • identification number of the receipt.

The obligation to print the date and time of issuance, identification number, as well as the fiscal series of the electronic fiscal cash register as a QR code, on the fiscal receipt is introduced.

In the case of electronic fiscal cash registers for which, following tests carried out at ICI Bucharest, it is found that it is impossible to print the above information as a QR code from a technical point of view, the users of these cash registers have the obligation to comply with new regulations within 2 years from when GEO 69/2024 enters into force.

The daily closing fiscal report issued by the electronic fiscal cash register should contain, in addition to previous regulations, the number of fiscal receipts that recorded the beneficiary fiscal identification code.

The Ministry of Finance will amend and complement methodological norms to apply GEO 28/1999 within 30 days from publication date of GEO 69/2024.


Emergency Ordinance 70/2024 on certain measures to implement and use RO e-TVA pre-filled tax return and capitalising on data and information by implementing a specific governance system, as well as other fiscal measures (Official Gazette 582/2024)

Summary

The Ordinance regulates the RO e-TVA pre-filled tax return and how to use it.

This Ordinance was published on the 21st of June 2024 and was later amended by GEO 87/2024, published on the 28th of June 2024.

We present the updated/integrated version with the amendments brought by GEO 87/2024 below.

Details

Preparation of RO e-TVA tax returns will be implemented starting the 1st of August 2024 for operations carried out starting the 1st of July 2024 by taxable entities registered under the scope of VAT.

As an exception, for taxable entities applying the VAT cash accounting system, the pre-filled RO e-TVA tax return will be used starting the 1st of August 2025. The amendment was introduced by GEO 87/2024 and took into account the fact that the SAF-T system is not fully implemented. The SAF-T system will be an important source of data collection for RO e-TVA, and its implementation for small taxpayers will be performed starting the 1st of January 2025.

RO e-TVA tax returns contain data and information on economic operations declared by taxable entities and transmitted via IT systems operated by the Ministry of Finance and ANAF as follows:

  • RO e-Factura national IT system;
  • RO e-Transport national IT system;
  • RO e-Sigiliu/Seal national IT system;
  • RO e-SAF-T national IT system;
  • RO e-Electronic cash register national IT system;
  • Integrated Customs IT system;
  • Other IT systems owned by the Ministry of Finance.

A template of the pre-filled RO e-TVA tax return is approved by ANAF Presidential Order within 10 days from the date this Emergency Ordinance enters into force (the 21st of June 2024).

What is the pre-filled RO e-TVA tax return?

RO e-TVA tax return is a form populated by ANAF with data and information regarding economic operations declared by taxable entities and transmitted via the systems listed above.

The pre-filled RO e-TVA tax return does not constitute an enforceable title.

Use of pre-filled RO e-TVA tax return

How will the pre-filled tax return be used?

  • ANAF prepares the pre-filled RO e-TVA form for each fiscal reporting period based on data received through the systems mentioned above;
  • The pre-filled RO e-TVA form is sent for each fiscal reporting period to taxable entities registered under the scope of VAT, by electronic means, by the 5th of the month following the legal deadline to submit VAT tax returns;
  • After receiving the pre-filled RO e-TVA form, taxable entities registered under the scope of VAT will verify that the data and information is in accordance with taxable operations performed and fiscal status;
  • If significant differences are identified between pre-filled values and values transmitted by the taxable entity registered under the scope of VAT through the VAT return, ANAF notifies the taxable entity by electronic means. Significant differences represent values that exceed the threshold of significance that meets the cumulative conditions of at least 20% in percentage share and an absolute value of at least RON 5,000, resulting from comparing values of the VAT statement with those of the pre-filled RO e-TVA statement, line by line.

The provisions do not apply to adjustment rows on the VAT return;

  • The identification of significant differences is carried out based on amounts introduced in the VAT column of the VAT return submitted by the taxable entity and the pre-filled form. In the situation where there is no obligation to complete the VAT column on the VAT return, the verification is carried out by comparing amounts introduced in the Value column;
  • After identifying significant differences, compliance notices according to art. 1211 of the Fiscal Procedure Code is sent via electronic means by the 5th of the month following the deadline to submit VAT returns – RO e-TVA Compliance Notice. The template of the form and transmission procedure are approved by ANAF Presidential Order within 10 days from the date this Emergency Ordinance enters into force;
  • In the situation where differences below the threshold are identified, ANAF, based on its risk analysis, may send a RO e-TVA Compliance Notice;
  • RO e-TVA Compliance Notices do not apply:for certain material errors;when there is not enough information from the fiscal authority database for certain lines of the pre-filled e-TVA form or the information is not correlated;other situations provided by Order of the Minister of Finance.

The following steps will apply starting the 1st of January 2025:

  • Taxable entities registered under the scope of VAT have the obligation to transmit, by electronic means, the result of verifications carried out on differences communicated via any RO e-TVA Compliance Notice, within 20 days from the receipt date of the notification;
  • ANAF analyses responses to the RO e-TVA Compliance Notices from taxable entities and orders legal measures in accordance with the powers assigned and the objectives of the current normative act;
  • RO e-TVA Compliance Notices are not taken into account when establishing fiscal risk indicators, by the 1st of January 2025.

Contraventions and sanctions

Non-compliance with the obligation to transmit the result of the verifications carried out on the differences communicated via a RO e-TVA Compliance Notice represents a contravention and is sanctioned with a fine of:

  • RON 5,000 to RON 10,000 for large taxpayers;
  • RON 2,500 to RON 5,000 lei for medium taxpayers;
  • RON 1,000 to RON 2,500 for other legal entities, as well as individuals.

Provisions of Prevention Law 270/2017 apply to the above-mentioned contraventions.

Contraventions apply starting the 1st of January 2025.

Fiscal risk indicators

Failure to provide or partially provide information required to clarify differences is an indicator of fiscal risk regarding the risk level of VAT declarations.

The selection of taxable entities registered under the scope of VAT that will be subject to fiscal or anti-fraud inspection is carried out according to the level of fiscal risk established based on the risk analysis.

A taxable entity registered under the scope of VAT is also considered to presents a risk of wrongful VAT reimbursement if they find themselves in at least one of the following situations:

  • does not send a reply to a RO e-TVA Compliance Notice;
  • there are significant differences, and no complete and/or conclusive information and data were sent in reply to a RO e-TVA Compliance Notice, which may lead to reimbursement of unjustified amounts and, at the same time, the existence of a tax evasion risk.

Provisions related to fiscal risk apply starting the 1st of January 2025.

Other provisions

To implement and operate the pre-filled RO e-TVA form, by ANAF Presidential Order, new deadlines may be established for submission of tax returns, respectively form 390, Recapitulative statement on intra-community supplies/purchases/provisions and form 394, Informative statement on supplies/provisions and purchases made on national territory, whose data and information must be pre-filled. The deadline might be set prior to the 20th of each month following the end of the fiscal period.



Emergency Ordinance 87/2024 to amend certain normative acts related to e-Transport, e-TVA and e-Factura, as well as to regulate certain fiscal and budgetary measures (Official Gazette 608/2024)

Summary

The Ordinance brings multiple amendments to RO e-Transport, RO e-TVA, RO e-Factura and other fiscal provisions.

Details

RO e-Transport system

Application of sanctions for failure to declare international transport for users having the status of authorized economic operator ("AEO") is postponed to the 1st of January 2025, according to provisions of art. 38 of Regulation (EU) No?952/2013 of the European Parliament and of the Council of 9?October 2013 laying down the Union Customs Code (recast).

More details here: https://www.customs.ro/e-customs/aeo

RO e-TVA

The Emergency Ordinance includes relevant amendments on RO e-TVA, which are presented in GEO 70/2024. The amendments came amid intense protests from the business community. Thus, through the 1st of January 2025, no sanctions will be applied for not submitting a reply to RO e-TVA Compliance Notices in cases of discrepancies between data uploaded by economic operators and those held by state institutions.

Changes are also introduced on pre-filling the RO e-TVA form. Taxpayers applying the VAT cash accounting system will apply provisions on RO e-TVA starting the 1st of August 2025.

The deadline to check information and data mentioned on the pre-filled VAT return (RO e-TVA) was extended from 5 to 20 days.

Amendments to e-Factura system:

RO e-Factura will not be mandatory for cultural institutes/centres of other states operating on the territory of Romania based on intergovernmental agreements, as well as by their suppliers/ providers, until the 1st of July 2025, given the current technical restrictions of the system.

Clarifications for granting fiscal facility on minimum salary

In order to grant the fiscal facility related to non-taxation and non-inclusion of the amount of RON 300/month in the calculation basis of mandatory social contributions, the monthly ceiling of RON 4,000 representing gross income from wages and assimilated to wages is adjusted, by excluding from its calculation the value of meal vouchers, meaning the food allowance, as the case may be, granted according to the law for the July-December 2024 period.

Thus, employees who, with the new minimum salary and meal vouchers added together exceeds the threshold of RON 4,000, will continue to benefit from the non-taxation of RON 300.

Other fiscal provisions

The Ordinance sets that by the 31st of December 2024, the value of the fine point (basis for calculation of the amount of fine) remains RON 165.


Order 1268/1337/2024 to approve Procedure the use and operation of national RO e-Transport system to monitor transport of goods (Official Gazette 597/2024)

Summary

The Order updates Procedure to use and operate the national RO e-Transport system to monitor transport of goods, the previous procedure regulated by Order 2545/6316/2022 being repealed.

Details

We recall that the previous procedure covered reporting obligations of goods with high fiscal risk ("GHFR") via the RO e-Transport system. The obligation to report international transport of goods related to goods other than GHFR in RO e-Transport was introduced later, through GEO 115/2023. Therefore, it was necessary to update the procedure in order to also be applicable to international transports.

Unsurprisingly, given the lack of respect that the authorities continue to show, this procedure is published more than 6 months after the extension of the scope of RO e-Transport to international transports and only a few working days prior to applying the new obligations and sanctions.

We recall that data reporting in RO e-Transport is carried out via SPV; therefore, a qualified digital signature registered in SPV is required for access.

The categories of road vehicles that are subject to monitoring with the RO e-Transport system are those that have a technically permissible maximum mass of at least 2.5 tons

  • loaded with goods with a total gross mass heavier than 500 kg

or

  • a total value higher than RON 10,000

related to at least one consignment of goods that is subject to transportation.

As a reminder, reporting obligations related to RO e-Transport are operational obligations, not fiscal.

More relevant details on RO e-Transport may be read in our article:

https://nowium.com/en/ro-e-transport-system


Decision 598/2024 to set national minimum gross guaranteed basic salary (Official Gazette 529/2024)

Starting the 1st of July 2024, national minimum gross guaranteed basic salary is set, excluding compensation, bonuses and other benefits, at RON 3,700 per month (previously RON 3,500), for a regular work schedule with an average of 168 hours per month, representing RON 22.024 per hour.


Emergency Ordinance 59/2024 to amend and complement Law 227/2015 on the Fiscal Code, as well as other fiscal measures (Official Gazette 534/2024)

Summary

The Ordinance brings amendments and complements to the Fiscal Code in the area of excise duties and tax on income/social contributions.

Details

The amount for which tax on income and social contributions are not assessed is increased to RON 300 per month (previously RON 200 per month) starting with income obtained from wages and salaries related to July 2024. The measure applies to income from wages and salaries related July to December 2024, while maintaining the conditions regulated by Government Emergency Ordinance 115/2023.

The non-taxable ceiling of RON 300 per month applies to employees who carry out activity based on a full-time individual labour agreement at the place where the basic function is located, if the following conditions are cumulatively met:

a) the level of the basic monthly gross salary established according to the individual labour agreement, excluding compensation, bonuses and other benefits, is equal to the level of the national minimum gross guaranteed basic salary established by a Government Decision, in force in the month to which the income is related (starting the 1st of July 2024 – RON 3,700 per month);

b) gross income obtained from wages and salaries, based on the same individual labour agreement, for the same month, does not exceed the level of RON 4,000;

The amount of RON 300 is reduced, however, according to various situations such as:

a) the period within the month for which the base salary mentioned in the individual labour agreement is kept at the level of the national minimum gross guaranteed basic salary established by a Government Decision;

b) start date for new employees who are qualified at the level of the national minimum gross guaranteed basic salary;

c) fraction of month for which salary is determined;

d) end date of the individual labour agreement.


Emergency Ordinance 78/2024 to amend and complement Law 227/2015 on the Fiscal Code, as well as to regulate certain fiscal and budgetary measures (Official Gazette 596/2024)

Summary

The Ordinance amends the Fiscal Code in the area of VAT, introducing an article dedicated to the VAT regime related to warranty-return system – SGR.

Details

Value added tax

Territorial application

A clarification on territoriality is introduced, stating that the territory of Romania represents the territory delimited by the state frontier of Romania.

Justification for this measure is provided right at the introduction of GEO 78/2024, the aim being to clarify the fiscal territory from a VAT and excise duty perspective, in the context of applying a uniform customs and fiscal treatment to operations related to activities of exploration and exploitation of natural mineral deposits in the Romanian contiguous zone or the Romanian exclusive economic zone in the Black Sea.

Immaterial adjustments to capital goods

The provision stating that no adjustments were made to capital goods if the amount resulting from adjustments was negligible, according to provisions of the methodological norms, is repealed. In this regard, rules of the Fiscal Code provided a ceiling of RON 1,000 below which the adjustment was considered negligible.

VAT regime applicable to warranty-return system for non-reusable primary packaging – Romania's Guarantee-Return System (SGR)

Article 3155 dedicated to VAT regime applicable to warranty-return system for non-reusable primary packaging is introduced, an article that applies from the 1st of January 2025.

The warranty related to products in SGR packaging, charged by manufacturers, distributors and traders within the SGR system does not represent the value of a supply of goods/provision of services in the area of VAT.

SGR packaging not returned by the end of a calendar year is considered a delivery of goods carried out by the SGR administrator/manager.

The triggering event for delivery of goods provided above occurs on the last day of the calendar year.

The tax base for delivery of goods provided above represents the difference between the value of warranties received and the value of warranties returned by the SGR administrator during a calendar year, without VAT. If the tax base is negative, the value of returned warranties is higher than the value of received warranties during a calendar year by the SGR administrator, it will reduce the amount of tax collected by the amount of VAT related to this difference in the tax return for the last fiscal period of the year.

VAT related to the delivery provided above is determined at the end of each calendar year, based on a centralising document that includes the following information at a minimum:

  • an order number;
  • date when chargeability for the delivery of goods came into effect;
  • difference between the value of warranties received and value of warranties returned during the calendar year, without related value added tax;
  • tax rate applied and the amount of tax collected, positive or negative, depending on the case, in RON.


Order 1030/2024 to approve number of large and medium taxpayers, List of large taxpayers and List of medium taxpayers

Summary

The Order updates the Lists of large and medium taxpayers and was published on the ANAF website. The update comes into force on the 1st of July 2024.

Details

The Lists of large and medium taxpayers may be accessed at the dedicated section on ANAF website.

Changing the classification of a taxpayer may have important effects. Thus, if a taxpayer becomes a large taxpayer, the following should be taken into account:

  • payment of fiscal liabilities at the Treasury of the Municipality of Bucharest;
  • preparation of transfer pricing file for transactions with affiliated persons becomes mandatory and is completed in advance;
  • preparation and submission of SAF-T reporting (D406).

For those newly classified as medium taxpayers, the following should be considered:

  • payment of fiscal liabilities at the Treasury of the County seat municipality where the taxpayer's fiscal domicile is located;
  • preparation and submission of SAF-T reporting (D406).

Starting the 1st of July, taxpayers that are not on the recently published lists, are included in the category of small taxpayers. The transfer of legal entities from one taxpayer category to another is carried out as an effect of this Order and no decision or other administrative act issued by fiscal authorities is required for confirmation.


Law 204/2024 to approve GEO 31/2024 to regulate certain fiscal and budgetary measures and to amend and complement certain normative acts (Official Gazette 600/2024)

Summary

The Law approves GEO 31/2024 and amends conditions to apply VAT exemptions with deduction right provided by art. 294 (5) letters a), a1), b) and b1) of the Fiscal Code for:

  • construction, renovation and modernization services of hospital units;
  • deliveries of medical equipment, devices, articles, accessories and protective equipment, sanitary-use materials and consumables, normally intended to be used in the field of health care or by disabled persons, goods essential to compensate and overcome disabilities, as well as for the adaptation, repair, rental and lease of such goods.

Details

The exemptions for the above operations apply to services/deliveries to NGOs or to companies entirely owned by NGOs, recorded in the Public Register organized by ANAF, if these services/deliveries are intended for hospital units owned and operated by the non-profit entity or those from the public state network.

VAT exemption for goods/services intended for hospital units owned and operated by companies entirely owned by non-profit entities registered in the Public Register organized by ANAF applies if the following conditions are cumulatively met:

  • to not change their destination as hospital units;
  • the condition "to not be alienated" is replaced by "both hospital units and social shares owned by non-profit entities within the companies that own such hospital units are not to be alienated to private legal entities for 20 years from the date of application of the exemption of VAT;”
  • new condition: the profit obtained should be reinvested for development of the hospital units in question or for provision of free medical services for the disadvantaged, established according to internal procedures;
  • repealed condition: for the entire period of operation to provide free medical services or settled through the social health insurance system, without charging hotel/other taxes.

How does the VAT exemption apply?

The exemption is applied through a VAT refund related to purchases of goods or services carried out by non-profit entities or companies entirely owned by non-profit entities.

The refund procedure will be published within 60 days through an order issued by the Ministry of Finance.

Non-profit entities or companies entirely owned by non-profit entities will exclusively use the amounts returned from the state budget to finance the purchases of goods and/or services mentioned above and which are subject to exemptions, as well as to cover operating expenses of the hospital units. The text in the previous sentence, highlighted in bold, is newly introduced by the law approving the GEO.

If the conditions provided by art. 294 para. (5) letter a1) and b1) cease to be met, companies entirely owned by non-profit entities owe VAT from the date they benefited from the exemption through its refund.

We also recall the provision introduced by GEO 31/2024, by complementing art. 297 of the Fiscal Code regarding deduction right. Value added tax related to purchases of goods/services provided above, made by companies entirely owned by non-profit entities recorded in the Public Register organized by ANAF is not deductible. This clause was necessary taking into account that VAT amounts related to these purchases are subject to refund by ANAF.

Transitional measures

VAT is refunded, including for operations for which the VAT chargeability occurred prior to entry into force of the law (the 30th of June 2024), according to provisions of art. 294 para. (6) letter b) of the Fiscal Code, for purchases of goods/services provided by art. 294 para. (5) letter a)-b1) of the Fiscal Code carried out prior to the 30th of June 2024 by companies entirely owned by non-profit entities registered in the Public Register organized by ANAF.

The following are eligible for a VAT refund:

  • purchases of services and/or goods provided by art. 294 para. (5) letter a) and a1) of the Fiscal Code, given that it is proven that they are related to work in progress as investments in hospital units, on the 30th of June 2024;
  • purchases of goods provided by art. 294 para. (5) letter b) and b1) of the Fiscal Code, carried out during the period when the works provided by art. 294 para. (5) letter a) and a1) of the Fiscal Code took place.


Order 981/2024 on registering in accounting certain taxes (Official Gazette 539/2024)

The Order amends Accounting Regulations approved by OMPF 1802/2014 (national accounting regulations) and OMPF 2844/2016 (IFRS accounting regulations). Thus, new accounts are introduced to the accounting chart of accounts with regard to minimum tax on turnover (IMCA) and additional tax per activity sector, applicable starting with annual financial statements related to 2024:

  • 4417 - Corporate tax at the level of minimum tax on turnover;
  • 6351 - Expenses related to additional tax per specific activity sector;
  • 697 - Expenses related to corporate tax at the level of minimum tax on turnover.

Account 441, Corporate tax and other taxes will be used to keep track of settlements with the state budget/local budgets for corporate tax at the level of minimum tax on turnover.

Account 697, Expenses related to corporate tax at the level of minimum tax on turnover will be used to keep track of corporate tax expenses at the level of minimum tax on turnover.

The order aligns the text of OMPF 1802/2014 regarding the addition of IMCA in all instances of the text where reference is made to corporate tax, in the definition of settlements with the state budget and special funds, etc.


Order 1399/2024 to approve Procedure on ex officio establishment of VAT owed by taxable entities provided by art. 11 para. (6) and (8) of Law 227/2015 on the Fiscal Code, as well as template and content of certain forms (Official Gazette 605/2024)

Summary

The Order approves Procedure on ex officio establishment of VAT owed by taxable entities provided by art. 11 para. (6) and (8) of the Fiscal Code.

Details

The national RO e-Factura system and RO e-Electronic Cash Registers have information on electronic invoices/fiscal receipts issued by taxable entities registered under the scope of VAT and on electronic invoices/fiscal receipts issued by persons not registered under the scope of VAT.

From valuing the information found in these IT systems, it is possible to identify taxable entities whose VAT code has been cancelled, but have issued invoices and/or fiscal receipts for economic operations carried out during the period of cancellation of VAT registration and did not comply with their obligation to prepare and submit form 311, Tax return on collected VAT that is owed by taxable entities whose VAT registration code was cancelled according to art. 316 para. (11) letter a) - e), letter g) or h) of Law 227/2015 on the Fiscal Code.

The obligation to pay collected tax, related to taxable operations carried out during the period when the taxable entity does not have a valid VAT code, is established by:

  • art. 11 para. (6) of the Fiscal Code - in the charge of taxable entities declared fiscally inactive, whose VAT registration code has been cancelled according to provisions of art. 316 para. (11) letter a) of the Fiscal Code;
  • art. 11 para. (8) of the Fiscal Code - in the charge of taxable entities whose VAT registration code has been cancelled according to provisions of art. 316 para. (11) letters c)-e) and letter h) of the Fiscal Code.

The obligation to submit the tax return (form 311) on collected tax that should be paid by the 25th of the month following the one when the tax became due for taxable operations, is provided by art. 324 para. (10) letter a) of the Fiscal Code.

According to art. 107 para. (1) of the Fiscal Procedure Code, failure to submit tax return entitles the fiscal authority to proceed to ex officio determination of fiscal liabilities through a taxation decision.

The Order also approves template and content of forms necessary to apply this procedure.

The procedure does not apply to periods for which the VAT was subject to a fiscal inspection or for which the fiscal inspection began, nor to the periods that were subject to documentary verification.

The amount of VAT due is determined subject to further verification.


Law 192/2024 to complement para. (1) of art. 456 of Law 227/2015 on the Fiscal Code (Official Gazette 576/2024)

The Law complements art. 456 of the Fiscal Code which refers to exemptions related to value added tax on buildings. Thus, starting the 1st of January 2025, no tax on building is due for buildings classified as historical, architectural or archaeological monuments, regardless of the holder of the right of ownership or management, which do not have the street and/or main fa?ade/front renovated or rehabilitated according to provisions of Law 422/2001. This exemption applies to the period of renovation or rehabilitation work, starting with the date of construction authorization up to the date of the final reception report, according to provisions of GEO 77/2014.


Law 201/2024 to complement Law on National Archives 16/1996, as well as to amend and complement Law 135/2007 on electronic archiving of documents (Official Gazette 594/2024)

Summary

Complements are brought to Law on National Archives by introducing a section related to obligations on electronic documents.

Details

The Law establishes the following obligations for creators and holders of electronic documents:

  • to administer them in such a way as to ensure the preservation of their integrity, authenticity and possibility to use, both during the period of current use and during retention period while in archival storage;
  • to adopt/implement an archival management system, approved by the National Archives, complying with the specific procedures regarding organization and operation of the archival activity of electronic documents;
  • to implement technical mechanisms to ensure access and modification of data in a controlled, identifiable and datable manner;
  • to implement technical solutions that allow the export of data from the system according to the archival management system approved by the National Archives.

The specific procedures on organizing and operating the archival activity of electronic documents will be established by order of the Minister of Internal Affairs, upon proposal of the National Archives.

The agreed formats for electronic documents with a permanent retention period are approved by Order of the Director of the National Archives, which is published on the institution's website. The obligation to convert the data into agreed formats rests with the creators and holders.


Other legislative news


Order 1048/2024 to approve Procedure to issue certain certificates for individuals by the central fiscal authority, as well as template and content of certain forms (Official Gazette 527/2024)

The Order approves Procedure to issue certificates for individuals by the central fiscal authority, as well as template and content of the following forms:

  • 231 - Application to issue certificate;
  • 232 - Income certificate;
  • 233 - Certificate.

Form 232, Income certificate is the document that certifies the income obtained by an individual during a fiscal year, existing in the fiscal records, established based on tax returns submitted by them and/or by third parties (income payers, intermediaries, etc.), which have declarative obligations, according to law, as well as based on taxation decisions issued by the central fiscal authority.

Form 233 Certificate is the document certifying that the individual is not registered in the fiscal records.

The above forms are issued by the fiscal authority upon the individual’s request, based on form 231, Application to issue certificate.

Provisions enter into force within 90 days from publication date in the Official Gazette.


Order 1330/2024 to approve template, content and instructions to prepare form 120 - Excise duties tax return (Official Gazette 606/2024)

The Order updates template, content and instructions for form 120, Excise duties tax return.

The form is used starting with annual declarative obligations related to the fiscal year 2024.


Order 1332/2024 to amend and complement ANAF Presidential Order 587/2016 to approve template and content of forms used to declare taxes and fees for self-taxation or withholding tax regimes (Official Gazette 585/2024)

The Order complements the List of payment obligations to the state budget as a result of the changes in the area of excise duties made to the Fiscal Code by GEO 43/2024.

According to art. 446 of the Fiscal Code, excise duty payers have the obligation to submit an excise duty tax return for each month (form 100) to the competent authority, regardless of whether or not excise duty is due for that month. The deadline is the 25th of the month following the one to which the tax return refers.

Therefore, through this Order, the List of payment obligations to the state budget, annex to form 100, was complemented by introducing a new position – 102. This position is used to declare the excise duty due for nicotine products, which do not contain tobacco, intended for oral consumption, traded as powder or particles or in any combination of the respective forms, sold in portions packed in sachets. Instructions to prepare form 100 were also updated.


Order 413/910/2024 to amend and complement Classification of positions in Romania – occupational level (six characters) approved by Order of the Minister of Labour, Family, Social Protection and Elderly and of the President of the National Institute of Statistics 1832/856/2011 (Official Gazette 597/2024)

The Oder amends and complements classification of positions in Romania, as follows:

  • geotechnical engineer in mining constructions – 214240
  • Steadicam system operator – 352136.

The occupation, class master pharmacist, is renamed chief pharmacist, and the same code 134206 remains in basic group 1342 - Managers of units in the field of health.


INFO – Valuation of monetary items in foreign currency for June 2024

The June 2024 closing NBR exchange rates to use for valuation of monetary items (cash on hand, receivables, payables) denominated in foreign currency, as well as receivables and payables denominated in RON but pegged to a foreign currency for collection/disbursement are:

1 EUR = 4.9771 RON; 1 USD =? 4.6489 RON;

1 CHF = 5.1718 RON; 1 GBP = 5.8800 RON


要查看或添加评论,请登录

Nowium的更多文章

社区洞察

其他会员也浏览了