Monthly Tax Update June – May - April 2011

Fiscal Procedure

Fiscal Procedure Code

The Fiscal Procedure Code was amended. For more details in this respect, please consult our Tax Flash 18/2011.
(Law 126/2011 published in Official Gazette 433/2011)

Certification of the annual tax returns

The Emergency Ordinance suspends until 1 January 2013 the mandatory certification by a tax consultant of the annual tax returns for taxpayers that are not subject to compulsory audit requirements.
(Emergency Ordinance 35/2011 published in Official Gazette 253/2011)

Payment rescheduling

The Order approves the procedure for the application of Government Emergency Ordinance 29/2011 regarding the granting of payment rescheduling of the tax liabilities. Additional clarifications are brought with regard to:
- the elements that should be included in the payment rescheduling request, as well as the documents and information which should be submitted together with the request (statement on own liability and other relevant documents and information);
- the content of the tax certificate issued by the tax authorities ex-officio for the purpose of granting the payment rescheduling;
- the procedure for the issuance of the preliminary agreement, of the decision regarding the payment rescheduling or the refusal decision.

(Order 1853/2011 published in Official Gazette 249/2011)

Appeals against fiscal administrative documents

The Order approves the Instructions for the application of title IX of the Fiscal Procedure Code – “Settlement of appeals against fiscal administrative documents”, correlates its provisions with the related ones of the Fiscal Procedure Code and brings clarifications to certain aspects such as the competent fiscal authority for solving the appeals submitted against fiscal administrative documents.
(Order 2137/2011 published in Official Gazette 380/2011)

Fiscal certificate

The Order amends the procedure regarding the release of the fiscal certificate, as well as the templates of such certificate and of the application for its release.
(Order 2014/2011 published in Official Gazette 396/2011)

VAT

VAT registration

The Order sets out the conditioning criteria for the VAT registration of companies subject to registration in the Trade Registry that apply for VAT registration under the provisions of art. 153 para. (1) let. a) and c) of the Fiscal Code.
For more details, please consult our Tax Flash 16/2011.
(Order 1984/2011 published in Official Gazette 361/2011)
The new Procedure for VAT registration was approved, applicable to Romanian taxable persons that apply for VAT registration and opt for the normal taxation regime, irrespective if the turnover exceeds the threshold of EUR 35,000.
(Order 1967/2011 published in Official Gazette 271/2011)

VAT refund

The Order amends and supplements the Procedure for solving the VAT returns with negative amounts with reimbursement option. For more details, please consult our Tax Flash 16/2011.
(Order 2017/2011 published in Official Gazette 362/2011)

Supplies of cereals and industrial crops

The Emergency Ordinance establishes the application of the reverse charge mechanism for deliveries within the country, between persons registered for VAT purposes in Romania, of certain cereals and industrial crops listed by the Fiscal Code. For more details, please consult our Tax Flash 17/2011.
(Emergency Ordinance 49/2011 published in Official Gazette 381/2011)

Central fiscal committee

Please consult our Tax Flash 14/2011.
(Order 1873/2011 published in Official Gazette 278/2011)

Accounting regulations

Accounting Law

The Emergency Ordinance amends and completes the Accounting Law. Please consult our Tax Flash 15/2011.
(Emergency Ordinance 37/2011 published in Official Gazette 285/2011)

Compliance

Form 100

The Order amends and completes Order 101/2008 for the approval of the template and content of the forms used for declaring taxes and contributions established through self-assessment or withholding regime.

The main amendment refers to the reporting of the tax for the admission to gambling activities and the tax for the organisation and exploitation of gambling activities through the Statement regarding the State Budget liabilities (Form 100).
(Order 1932/2011 published in Official Gazette 244/2011)

Form 112

The Order clarifies the fact that Form 112 related to the month of June 2011 may be submitted both in hard-copy and electronic format until the 25th of July 2011.
(Order 2215/2011 published in Official Gazette 455/2011)

Customs & Excises

Excise duty for cigarettes

The level of the specific excise duty expressed in EUR/1,000 cigarettes is set at 51.49 EUR/1,000 cigarettes, starting 1 July 2011.
(Decision 642/2011 published in Official Gazette 447/2011)

ECMS-RO STOCURI

The Order brings the following amendments to the instructions related to the online submission of the statements regarding the acquisitions and deliveries of excisable goods using the EMCS-RO STOCURI application:
- the provisions related to the submission of such statements by the economic operators holding authorisation certificates for
  supplying energy products to aircraft were updated in line with the provisions of the Methodological Norms for the application of the Fiscal Code;
- the provision regarding the obligation of such operators to make available to the National Customs Authority the certificate issued by the authority competent in aeronautics was abolished.

(Order 2200/2011 published in Official Gazette 439/2011)

Energy products

The Orders update the list of the county directions for excises and customs operations and of the customs border offices through which import customs formalities for gasoline and diesel fuels may be performed.
(Order 2156/2011 published in Official Gazette 398/2011)
(Order 2223/2011 published in Official Gazette 441/2011)

EU – Korea free exchange agreement

The Order approves the methodological norms regarding the authorisation of exporters to issue preferential origin proofs within the frame of the EU - Korea free exchange agreement.
(Order 5015/2011 published in Official Gazette 457/2011)

Miscellaneous

Contribution due by medicines suppliers

The holders of the drug market authorisations are liable to pay a quarterly contribution.
The contribution’s level, computation methodology, reporting procedure and other related aspects shall be established through Government decision, within 30 days from the entry into force of the Emergency Ordinance.
The Provisions of Law 95/2006 regarding the reform in the healthcare field, which regulated a contribution similar to the one mentioned above, were abolished.
(Emergency Ordinance 68/2011 published in Official Gazette 457/2011)
The Order amends the Norms regarding the contribution due by the persons authorised as medicines suppliers in Romania, based on art. 3631, para. (1) and (2) of Law 95/2006 regarding the reform in the healthcare system.
(Order 351/437/2011 published in Official Gazette 295/2011)

Large and medium-sized taxpayers

Amendments and completions (compliant with the amendments brought to the Fiscal Procedure Code during the current year) have been brought to the normative acts regarding the activity of administrating large and medium-sized taxpayers, in respect of the tax jurisdiction for the fiscal registration of secondary establishments as payers of salaries and incomes assimilated to salaries.
(Order 2146/2011 published in Official Gazette 386/2011)
(Order 2147/2011 published in Official Gazette 386/2011)

NAFA reorganisations

The normative acts regarding the organisation and functioning of the National Customs Authority, of the Financial Guard and of the National Agency for Fiscal Administration were amended and completed.
(Decision 565/2011 published in Official Gazette 405/2011)
(Decision 566/2011 published in Official Gazette 405/2011)
(Decision 564/2011 published in Official Gazette 407/2011)
The Order approves the updated list of the territorial administrative units and of their competent tax authorities further to the reorganisation of the National Agency for Fiscal Administration.
(Order 2224/2011 published in Official Gazette 450/2011)

Documents used for tax audit purposes

The Order amends the template and content of certain documents and forms used by the tax authorities for tax audit purposes at the individuals’ level.
(Order 2117/2011 published in Official Gazette 418/2011)

Pollution tax

The Order aligns the procedure regarding the pollution tax for vehicles with the latest changes brought in January 2011 to the Emergency Ordinance 50/2008 regarding the pollution tax for vehicles.
(Order 1957/2011 published in Official Gazette 265/2011)

Authorised freelancers

The Emergency Ordinance stipulates that authorised natural persons can employ third parties based on individual employment agreements.
(Emergency Ordinance 46/2011 published in Official Gazette 350/2011)

Romania – San Marino Protocol

The Protocol for the amendment of the Treaty for the avoidance of double taxation concluded between Romania and the Republic of San Marino was ratified by Law. The concerned amendments refer to the exchange of information realised between the competent authorities of the contracting states.
(Law 85/2011 published in Official Gazette 408/2011)

Social security agreement

The Agreement concluded between Romania and Moldova in the field of social security was ratified by Law.
(Law 130/2011 published in Official Gazette 456/2011)

NBR reference interest rate

The NBR reference interest rate for the period April - June 2011 was 6.25% per year.
(Circular 18/2011 published in Official Gazette 383/2011)
(Circular 15/2011 published in Official Gazette 300/2011)
(Circular 12/2011 published in Official Gazette 230/2011)