Summary of Romanian fiscal and accounting news of September 2024
Summary
Fiscal amnesty for main and additional liabilities and bonus system for taxpayers in good standing
Legal framework
Emergency Ordinance 107/2024 to regulate certain fiscal and budgetary measures in the field of managing budget claims/receivables and the budget deficit for the general consolidated budget of Romania in 2024, as well as to amend and complement certain normative acts (Official Gazette 905/2024) - the main act regulating the fiscal amnesty and bonus system.
Emergency Ordinance 112/2024 to amend and complement certain acts (Official Gazette 959/2024) – the act that complemented provisions of GEO 107/2024
Order 5521/2024 to approve Procedure to cancel certain budgetary obligations (Official Gazette 944/2024)
Briefly, the acts mentioned above introduced the following provisions:
More about the amnesty and bonus system for taxpayers in good standing here: https://nowium.com/en/fiscal-amnesty-2024/
Emergency Ordinance 116/2024 on certain measures regarding information, communication and collection system for budgetary obligations that are the subject of measures to cancel certain budgetary obligations provided by GEO 107/2024 to regulate certain fiscal and budgetary measures in the field of managing budget claims and the budget deficit for the general consolidated budget of Romania in 2024, as well as to amend and complement certain normative acts (Official Gazette 971/2024)
Summary
The Ordinance regulates measures to improve the information, communication and collection system for budgetary obligations, given the cancellation of certain budgetary obligations according to GEO 107/2024. This is applied to ensure Romania's fiscal sustainability, given activation of the excessive deficit procedure and the increase in uncollected budget claims.
Details
Main aspects introduced by GEO 116/2024:
Measures aim to inform taxpayers about available fiscal facilities, improve debt collection and ensure transparency of the process.
Romanian Post will provide services to communicate the documents necessary to access the fiscal facilities, including information letters and notifications. These services will be performed based on an agreement with ANAF.
Taxpayers may pay their budgetary obligations directly to the Romanian Post. The collected amounts will be redirected to treasury accounts to settle fiscal debts.
Taxpayers may benefit from the cancellation of obligations by the 25th of November 2024, and the Ministry of Finance will provide the necessary funds to implement these measures.
Provisions also apply to local authorities for the budgetary obligations managed by them.
The Ordinance also includes amendments to certain previous normative acts, such as those related to state aid and management of the patrimony of public institutions.
Order 6234/2024 to approve template and content of RO e-TVA compliance notice form, as well as procedure to transmit the notification (MO 887/2024)
Summary
The Order approves template and content of the RO e-TVA compliance notice form and procedure to send the notice.
Details
When and to whom is the RO e-TVA compliance notice sent?
The RO e-TVA compliance notice is sent to taxpayers/payers registered under the scope of VAT, when significant differences are found between the VAT return (D300) submitted by taxpayers and pre-filled values on the RO e-TVA return.
What does the RO e-TVA compliance notice contain?
The notification contains information on significant differences between values filled in by the taxpayer on its own VAT return (form 300) and the values pre-filled by ANAF on the RO e-TVA return.
What is the deadline to send the RO e-TVA compliance notice?
The RO e-TVA compliance notice is sent by the 5th of the month following the legal deadline to submit VAT returns (D300), by electronic means.
What is the deadline to reply to a RO e-TVA compliance notice?
The reply period is 20 days from the date when the notice was received. This period applies starting the 1st of January 2025. The reply is sent by electronic means (SPV) and will contain the result of checks carried out on the differences communicated through the RO e-TVA compliance notice.
For taxpayers applying the VAT cash accounting scheme, the above provisions apply starting the 1st of August 2025.
The RO e-TVA compliance notice does not represent a fiscal administrative act within the meaning of art. 46 of the Fiscal Procedure Code.
Emergency Ordinance 115/2024 to complement Law 227/2015 on the Fiscal Code (Official Gazette 970/2024)
Summary
The Ordinance complements the Fiscal Code on the possibility of taxpayers owing the minimum tax on turnover (IMCA) to benefit from an additional deduction for research and development activities, a deduction that would be applied in the case of corporate tax.
Details
Taxpayers applying the additional deduction for research and development activities to calculate the fiscal result, will subtract from the minimum tax on turnover (IMCA) the value obtained by applying the 16% standard tax rate on the amount representing the additional deduction of 50% of eligible expenses for research and development activities. The decrease in this value is carried out within the limit of the minimum tax on turnover due.
Provisions also apply to determine minimum tax on turnover for the fiscal year 2024/the modified fiscal year starting in 2024.
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Order 6228/2024 to approve communication of taxpayer identification data and amounts redirected from tax owed to beneficiary entities by fiscal authorities, based on taxpayer approval, as well as template and content of certain forms (Official Gazette 940/2024)
Summary
The Order approves Procedure to communicate identification data of taxpayers and amounts redirected from tax owed to beneficiary entities by the fiscal authorities, based on the taxpayer approval.
Details
The Order approves the following forms necessary to apply the procedure:
Taxpayers that ordered the redirection of certain amounts from corporate tax/tax on micro-enterprise income/tax on income obtained by individuals submit the approval to communicate to beneficiary entities the identification data and amounts redirected to the competent central fiscal authority.
The procedure regulates transmission of taxpayer approval and communication of data by the central fiscal authority to beneficiary entities. This is applied by the department managing the register of taxpayers and tax returns.
Taxpayers send their agreement on redirection of amounts from tax owed, by electronic or physical means, depending on the type of taxpayer. The fiscal authority organizes the record of approvals and checks the agreement with fiscal data.
Monthly, by the 10th of each month, the fiscal authority communicates information on taxpayer identification data and amounts redirected to beneficiary entities.
Check out our Payroll Calculator Tool on Nowium’s website
An useful free tool allowing various salary calculation scenarios, updated with the latest legislative changes.? https://nowium.com/en/payroll-calculator/
Other legislative news
Law 244/2024 to amend para. (1) of art. 100 of Law 227/2015 on the Fiscal Code and to establish certain fiscal measures (Official Gazette 899/2024)
The Law changes the non-taxable monthly ceiling for income obtained from a pension from RON 2,000 to RON 3,000.
The provisions enter into force on the 1st of October 2024, and applies starting with income obtained from pensions related to the month of October 2024.
Order 4233/2024 to apply (EU) Commission Decision 2024/775 of 4?March 2024 on relief from import duties and VAT exemption on importation granted for goods to be distributed or made available free of charge to persons fleeing Russia’s military aggression against Ukraine and to persons in need in Ukraine (Official Gazette 907/2024)
Order 4233/2024 regulates the implementation of Commission Decision (EU) 2024/775 of 4?March 2024 on relief from import duties and VAT exemption on importation granted for goods to be distributed or made available free of charge to persons fleeing Russia’s military aggression against Ukraine and to persons in need in Ukraine. The exemption is valid for the period January 1, 2024 to December 31, 2024, and is applicable to charitable or philanthropic organizations authorized by the Romanian Customs Authority.
The Order establishes the procedure to obtain authorizations for exemptions, including the submission of applications by eligible organizations and their review by a designated committee. Organizations should meet certain conditions, such as no fiscal liabilities.
The Order also regulates the subsequent control of imports and sanctions in case of non-compliance with the conditions of exemption. Organizations that carried out imports prior to this Order entering into force which fell within provisions of the decision may request a reimbursement of taxes and VAT.
Order 5339/2025/2024 to set value of the indexed monthly amount to be granted as nursery vouchers for the second half of 2024 (Official Gazette 975/2024)
The Order updates the value of nursery vouchers.
Starting October 2024, the value of the indexed monthly amount to be granted as nursery vouchers is RON 660 (previously RON 640).
The new value applies starting the 31st of March 2025.
Order 3219/4680/2024 to set indexed amount granted in the form of cultural vouchers for the second half of 2024 (Official Gazette 974/2024)
The Order updates the amount that is granted monthly or occasionally, as cultural vouchers to a maximum of RON 220 per month, or a maximum of RON 440 per event. The new value applies between October 2024 and March 2025.
Previously, the value of cultural tickets was a maximum of RON 210 per month, or a maximum of RON 430 per event.
Order 2024/2024 4679/2024 to set indexed nominal value for a meal ticket for the second half of 2024 (MO 956/2024)
The Order adjusts the maximum value that may be granted as meal tickets to the value of RON 40.04 (previously RON 40). The new value applies starting October 2024 and is valid through the end of March 2025.
Emergency Ordinance 110/2024 to complement Law 244/2024 amending para. (1) of art. 100 of Law 227/2015 on the Fiscal Code and to set certain fiscal measures (MO 922/2024)
Starting with income obtained from pensions related to the month of October 2024, granted based on Law 223/2015 on state military pensions, the non-taxable monthly income ceiling is RON 3,000.
Order 1874/2024 to complement Classification of positions in Romania - occupational level (six characters), approved by Order of the Minister of Labour, Family and Social Protection and of the President of the National Institute of Statistics 1832/856/2011 (Official Gazette 892/2024)
The Order complements the Classification of positions in Romania with a new position: itinerant and support teacher (COR code 235926).
INFO – Valuation of monetary items in foreign currency for September 2024
The September 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 = 4,9756 RON; 1 USD =? 4,4451 RON; 1 CHF = 5,2677 RON; 1 GBP = 5,9563 RON