Tax Flash No. 18/2012

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Ordinance 17/2012 regulating certain fiscal and budgetary measures was published in Official Gazette 611/2012

The Ordinance includes measures regarding the claw-back contribution applicable within the pharmaceutical industry (the “Claw-back contribution”):

The persons who owe the Claw-back contribution for the period comprised between the fourth quarter of the year 2009 and the third quarter of the year 2011, may benefit from the cancellation of the late payment penalties related to the Claw-back contribution if the following conditions are simultaneously met:

  • the Claw-back contribution is declared and paid within 30 days from the date of entry into force of the present Ordinance, and
  • the late payment interests are paid within the legal term.

The above mentioned provisions apply accordingly to a quota of 50% of the late payment charges related to the Claw-back contribution, representing their penalty component.

For the period comprised between the fourth quarter of the year 2009 and the third quarter of the year 2011, the payment of the Claw-back contribution may also be performed by the holders of the authorisation for the release on the market of pharmaceutical drugs which do not carry out trading activities in Romania.

Clarifications are brought on the Claw-back contribution computation methodology to be used starting the fourth quarter of the year 2012.

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