Tax Flash No. 18/2013

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Ordinance 16/2013 amending and completing the Fiscal Code and establishing certain financial-fiscal measures was published in Official Gazette 490/2013

We hereby mention the main amendments and completions:

Fiscal Code

General Provisions

  • The taxpayers declared fiscally inactive as well as those VAT deregistrated, have the right to deduct the VAT related to the acquisitions of goods and/or services performed in the period when their VAT code was invalid, if the goods and/or services are destined for certain operations that will be performed after the VAT re-registration. The VAT would be deducted through a VAT return to be submitted after the re-registration.
  • Beneficiaries who purchase goods/services from taxpayers that were declared fiscally inactive or from other categories of persons that were deregistered for VAT purposes, can deduct the VAT related to those purchases if the suppliers are in bankruptcy /enforcement procedure.

VAT

  • Starting 1 September 2013, the reduced VAT rate of 9% is introduced for the supply of bread and bread derivatives, as well as for the raw materials required for their obtaining (e.g. flour, wheat, rye).
  • The VAT deregistration of taxable persons governed by Law 31/1990 is required only if their major associates / sole shareholder have criminal tax offenses listed in their fiscal record.
  • The taxable persons governed by Law 31/1990, deregistrated for VAT purposes due to tax offenses listed in the criminal records of the associates that are considered majority, may request the re-registration even if the situation that led to the cancellation of the registration has not ceased.
  • The provision according to which the taxable persons, VAT deregistrated due to their failure to submit the VAT return during 6 consecutive months, can be re-registered, further to their request, only after a period of 3 months from the annulment of their VAT registration was eliminated.
  • The term of 180 days provided for the submission of the re-registration request of the taxable persons whose VAT registration was cancelled due to their failure to record taxable operations within the VAT returns during 6 consecutive months, was eliminated.
  • Clarifications regarding the regime applied by the taxable persons who are registered/deregistered by error were introduced.
  • The reverse charge mechanism is introduced for supplies of electricity performed to traders, taxable persons, as well as for the transfers of green certificates, as provided by the law.
  • The reverse charge mechanism for supplies of cereals and technical plants, the supply of electricity and green certificates, as provided by the law, will be applied by 31 December 2018.

Excises

  • The guarantee related to the movement of excise goods under an excise duty suspension arrangement performed by a registered consignor should represent 6% of the total value of the excise duties related to the moved goods, estimated on an annual basis.
  • For waste oils, collected from combustion engines, transmissions engines, turbines, compressors etc. that are used for heating, the provisions regarding the marking and coloring liability shall not apply.
  • Certain products were added starting 1 September 2013 to the list of products subject to excise duties.
  • The excise duty on alcohol produced by small distilleries was increased from EUR 750/hl to EUR 1,000/hl.

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