Tax Flash No. 16/2013

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Emergency Ordinance 50/2013 establishing certain fiscal measures was published in Official Gazette 320/2013

Fiscal Procedure Code

Starting 1 July 2013, the level of the late payment penalties is 0.02% per day of delay (replacing the current penalties of 5% or 15%). Such provisions are applicable to payments due after 1 July 2013.

Rescheduling of Payments of Due Taxes

Emergency Ordinance 29/2011 regarding the granting of payments rescheduling was amended and completed. We hereby mention the following:

  • in order to maintain the validity of the payments rescheduling, taxpayers can pay the obligations unpaid at date of communication of the payment rescheduling decision in a period of 180 days (currently the term is of 90 days).
  • taxpayers may include within the payment rescheduling request tax liabilities established by the tax authorities through the tax decision, that have deadlines subsequent to communication date of the payment rescheduling decision.
  • late payment penalties are not due after the date of the rescheduling decision.
  • the Emergency Ordinance introduces a new criterion in order to qualify as low fiscal risk taxpayer, namely, the respective taxpayer should be incorporated within minimum of 12 months prior to the submission of the request.

Other Provisions

The Emergency Ordinance introduces the possibility of the deferral of taxes, contributions and other amounts, including any accessories, due to the general consolidated budget, by taxpayers having certain, liquid and outstanding receivables against authorities responsible with the management of European funds.

In order to benefit of deferral of tax liabilities, taxpayers should submit to the relevant tax authority a request for deferral and the document issued by the competent authority certifying the total of amount qualifying receivables. The request will be solved within 15 days from the submission date.

Such deferral of payment of taxes is granted within the limit of the receivables held against the relevant authorities and the seniority of the outstanding tax liabilities.

No late payment penalties, interest or any other accessories are due for the deferred tax liabilities, if the taxpayer waived the right to receive similar accesories in respect of the receivables held against the competent authorities.

The procedure of deferral of the payment of tax liabilities shall be issued within 30 days from the date of the present Emergency Ordinance.

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