Monthly Tax Update January - February 2011

Compliance

Form 100 and Form 300

Please consult our Tax Flash no. 7/2011.

(Order 73/2011 published in Official Gazette 89/2011; Order 183/2011 published in Official Gazette 91/2011)

Forms provided for by the Fiscal Code

Please consult our Tax Flash no. 8/2011 and Tax Flash no. 10/2011.

(Order 233/2011 published in Official Gazette 101/2011; Order 724/2011 published in Official Gazette 131/2011)

Form 010

A new template of Form 010 “Tax registration statement/Supplementary statement for legal persons, associations and other entities without legal form” has been published, further to the introduction of the tax on micro-companies incomes.

(Order 34/2011 published in Official Gazette 21/2011)

Form 096

The model and content of Form (096) ”Supplementary statement regarding the cancellation of the VAT registration of the taxable persons registered for VAT purposes as per article 153 of the Fiscal Code, who during a calendar year do not exceed the exemption threshold mentioned under article 152 of the Fiscal Code” has been published. For more information in this respect, please consult our Tax Flash no. 4/2011.

(Order 13/2011 published in Official Gazette 25/2011)

Form 301

The filling in instructions of form (301) “Special VAT Return” have been amended, by including within the category of the operations reported through such form also the intra-Community acquisitions of vehicles not considered new as per article 1251 line (3) of the Fiscal Code, performed by VAT registered persons according to article 1531 of the Fiscal Code, and for which VAT is due in Romania. The Order applies starting with the intra-Community acquisitions performed after 1 January 2011.

(Order 30/2011 published in Official Gazette 54/2011)

Informative statements for VAT purposes

The Order approves the new templates and filling in instructions of the following forms:
- Form 392A „Informative statement regarding the supplies of goods and supplies of services carried out in the year...”;
- Form 392B „Informative statement regarding the supplies of goods, supplies of services and acquisitions carried out in the year...”;
- Form 393 „Informative statement regarding the incomes obtained from the sale of tickets for international road passenger transport with the place of departure in Romania in the year...”.

The new Forms shall be used starting with the reporting obligations related to the year 2010.
(Order 1081/2011 published in Official Gazette 103/2011)

Environmental fund

The Order approves the model and content of form „Statement regarding the situation of the contracts signed and/or terminated with the economic operators introducing retail packaged goods and packaging into the national market”, as well as the related filling in and submission instructions.

(Order 11/2011 published in Official Gazette 36/2011)

The model of certain forms used in collecting the receivables towards the Environmental fund has been approved.

(Order 88/2011 published in Official Gazette 67/2011)

Social security

Forms provided for by Law 263/2010

Further to the provisions set by Law 263/2010 regarding the unitary public pensions system, the template of the following documents has been approved:
- The individual insurance statement, respectively the related amendment notification;
- The application form for the cancellation of the individual insurance statement;
- The social insurance contract, respectively the related addendum.

(Order 5/2011 published in Official Gazette 35/2011)

Leaves and health insurance indemnities

The template and content of the „Inventory statement regarding the contribution for leaves and health insurance indemnities outstanding at 31 December 2010 and unpaid until 31 January 2011, including related accessories by fiscal years and the amounts to be recovered from the National Health Insurance Fund budget” was approved. Please consult our Tax Flash no. 6/2011 and Tax Flash no. 8/2011.

(Order 53/25/2011 published in Official Gazette 85/2011; Order 86/344/2011 published in Official Gazette 101/2011)

The application Norms of GEO 158/2005 regarding leaves and health insurance indemnities were amended and completed, the main concerned subjects being the determination of the monthly computation basis of the contribution for leaves and health insurance indemnities and the correlation with the provisions of the Fiscal Code and of GD 1397/2010 regarding the Form 112.

(Order 130/351/2011 published in the Official Gazette 141/2011)

Customs & Excises

EMCS-RO STOCURI

The Instructions for the online submission of the statements regarding the situation of the excisable goods acquisitions and supplies by using the application EMCS-RO STOCURI were approved.

(Order 26/2011 published in Official Gazette 76/2011)

The Instructions regarding the economic operators access to the EMCS-RO STOCURI application for the online submission of the statement regarding the excisable goods acquisitions and supplies were approved.

(Order 90/2011 published in Official Gazette 77/2011)

The Order brings amendments and completions to the Norms regarding the simplified customs procedures approved by Order 5465/2007.

(Order 9880/2010 published in Official Gazette 45/2011)

Accounting regulations

Insurance companies

The Norms regarding the closure of the financial year 2010, for the entities acting in the insurance industry, were approved.

(Order 3/2011 published in Official Gazette 140/2011)

Authorised entities which are regulated and supervised by the National Securities Commission

For the financial years 2010 and 2011, such entities have to prepare and publish on their websites the annual financial statements compliant with the International Financial Reporting Standards within 180 days from the end of the respective financial year.

(Order 11/2011 published in Official Gazette 145/2011)

Miscellaneous

Inflation index – fiscal year 2011

For the fiscal year 2011, the inflation index used for the update of the anticipated payments of the annual profits tax is of 3.2%.

(Order 55/2011 published in Official Gazette 47/2011)

VAT

The Order approves the VAT payment for supplies of goods and/or services performed occasionally, and also the model and content of forms „Application for the release of the Decision regarding the VAT payment for supplies of goods and/or services performed occasionally” and „Decision regarding the VAT payment for supplies of goods and/or services performed occasionally”. For more information in this respect, please consult our Tax Flash no. 5/2011.

(Order 120/2011 published in Official Gazette 74/2011)

Online payment of taxes and fees

The methodological norms regarding the National system for electronic payment of taxes and fees using the credit card were approved. The system is available by accessing the website www.ghiseul.ro. The Norms include details regarding the registration into the system of the participants and the description of the method of payment.

(Order 168/14/95/2011 published in Official Gazette 74/2011)

Intrastat

Intrastat thresholds for the year 2011 are the same as those provided for the year 2010, namely RON 900,000 for intra-Community deliveries of goods, respectively RON 300,000 for intra-Community introduction of goods.

(Order 1865/2010 published in Official Gazette 36/2011)

The Order approves the new filling-in Norms for the Intrastat Statement, which bring amendments regarding the Incoterms, the list of the goods excluded from the trade statistics between EU member states and other aspects.

(Order 21/2011 published in Official Gazette 83/2011)

Tax liabilities payable in a sole account

Please consult our Tax Flash no. 9/2011.

(Order 1080/2011 published in Official Gazette 103/2011)

Gambling

The conditions for the issuance of the entry tickets to casinos and slot machine gambling were approved.

(Order 52/2011 published in Official Gazette 37/2011)

Fiscal vector updating

Details regarding the update of the fiscal vector performed by the fiscal authorities regarding the tax on salary incomes and social contributions, as well as on the procedure for declaring the fiscal obligations reported through the „Statement regarding the social contributions and income tax liabilities and the nominal records of the insured individuals”, related to reporting periods prior to 1 January 2011, were published.

(Order 52/2011 published in Official Gazette 68/2011)

Pollution tax

The methodological norms for the application of Emergency Ordinance 50/2008 for the implementation of the pollution tax, approved by Government Decision 686/2008, were amended and supplemented. The Decision brings, inter alia, completions regarding the tax applicability area and amendments in respect of the values of certain items used for computation purposes.

(Decision 45/2011 published in Official Gazette 68/2011)

Labour legislation

The statements regarding the commission due by employers to the territorial labour chambers until 31 December 2010 should be filed with the respective territorial labour chambers.

(Emergency Ordinance 17/2011 published in Official Gazette 145/2011)

Meal and nursery tickets

The nominal value of a meal ticket for the first semester of 2011, starting with the month of March, is set at RON 9.

(Order 959/2011 published in Official Gazette 111/2011)

For the first semester of 2011, starting with the month of February, the monthly amount granted as nursery tickets is set at RON 370.

(Order 159/2011 published in Official Gazette 88/2011)

NBR reference interest rate

The NBR reference interest rate for January and February 2011 is 6.25% per year.

(Circular 1/2011 published in Official Gazette 3/2011; Circular 5/2011 published in Official Gazette 84/2011)