NNDKP CELF Alert no. 1/2021 – SAF-T, a first step in the modernization of the tax audit procedure

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14.09.2021 By GEO 11/2021, it was enacted the use of the standard audit file for tax (D406 Informative Declaration), which will contain accounting data automatically extracted from the taxpayers’ accounting systems that is relevant for tax audits. Thus, an international standard direct reporting system is established, through which the taxpayers will submit tax reports, VAT reports to the fiscal authorities.

The obligation to prepare and submit the D406 Informative Declaration will be introduced gradually, in time, by the National Agency for Fiscal Administration (NAFA) for different categories of taxpayers, as follows:

  • for large taxpayers – starting from January 1, 2022;
  • for medium taxpayers, the reporting obligation will become applicable during 2022;
  • for small taxpayers – starting from 2023;
  • for newly-registered taxpayers – from the actual registration date, and the D406 Informative Declaration will be first submitted on the last day of the month following the period for which the reporting is made.

The taxpayers must submit the D406 Informative Declaration on a monthly or quarterly basis, based on the fiscal period applicable for the VAT. The taxpayers that are not registered for VAT purposes will submit the SAF-T file on a quarterly basis.

The D406 Informative Declaration will be submitted electronically, the deadline for the submission thereof will be, at the latest:

  • on the last calendar day of the month following the reporting period (month/calendar quarter, as the case may be, for other information that that related to Inventories and Assets);
  • on the final date for the submission of the financial statements related to the financial year, in the case of the D406 Informative Declaration-Assets;
  • within the timeframe established by the tax control body, which cannot be less than 30 calendar days from the date of the request, in the case of the D406 Informative Declaration-Inventories.

The failure to submit the D406 Informative Declaration within the timeframes provided by the law or the submission of an incorrect or incomplete form  thereof will constitute minor offence and can sanctioned by fine. Corrected declarations may be submitted, if the taxpayers find that the declaration initially submitted contains errors.

Considering the complexity and novelty of this reporting obligation, the taxpayers will benefit from a three month grace period, for the first reporting, starting from the date when the submission obligation becomes effective for such taxpayer. For example, the failure to submit or the submission of an incorrect form of the SAF-T file related to January, February and March 2022 will not be sanctioned by fine, if a correct and complete form thereof is submitted by the last day of April, i.e., within maximum 3 months from the first deadline for the submission of the first D406 Informative Declaration.

The nature of the information to be reported, the reporting template and other details necessary for the actual implementation of the provisions concerning the submission of the D406 Informative Declaration will be approved by order of the president of NAFA.

The new reporting procedure is a first step in the digitalization and streamlining of the Romanian fiscal system, followed most probably by the reforms of the National Recovery and Resilience Plan for Romania, which stipulates important steps for digitalization of the tax administrations system.

The taxpayers are encouraged to use the voluntary test program offered by NAFA, provided that the data submitted in the test stage will not be used in the tax controls and also to adjust their resources and procedures in order to comply with the new requirements.

The Romanian version of this newsletter is available here.

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