Tax Flash No. 25/2013

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Emergency Ordinance 111/2013 regarding the regulation of certain financial and fiscal measures and the amendment of certain normative acts was published in Official Gazette 809/2013

Please find below the main amendments and completions:

Fiscal Code

VAT

  • The VAT cash deferment system becomes optional. The application rules for those opting to apply the VAT cash deferment system remain similar to those currently applicable, with the following exceptions:
    • the VAT chargeability occurs upon cashing the partial/full value of the deliveries / supplies performed (the 90 days deadline is eliminated);
    • the VAT cash deferment system must be applied at least until the end of the calendar year for those opting to apply it, provided that they do not exceed the RON 2,250,000 threshold. After the first year, the taxpayer may at any time waive the VAT cash deferment system by submitting a notification within the conditions and deadlines provided by the Fiscal Code
  • Certain transitory provisions are introduced, in order to shift to the optional application of the VAT cash deferment system, as follows:
    • the taxpayers that have applied the VAT cash deferment system until 31 December 2013 shall be deemed to tacitly opt to continue to apply the system, provided they continue to be eligible, unless they submit a waiver notice at any time during 2014, such not being considered the first year of opting to apply the system;
    • for the operations invoiced by 31 December 2013 inclusive for which the 90 days deadline occurs after 31 December 2013, the VAT chargeability occurs at the moment the value of the deliveries / supplies performed is partially /fully cashed
  • The above provisions shall enter into force as of 1 January 2014

Other Provisions

  • Law 571/2003 regarding the Fiscal Code will be republished in the Official Gazette, and its articles shall be renumbered

Emergency Ordinance 102/2013

  • The provisions regarding the increase of the excise duty level for fuels shall enter into force as of 1 April 2014

Others – Law 148/2012

  • Law 148/2012 regarding the electronically registration of commercial transactions which provided additional obligations regarding the electronically issuance of invoices, to those provided by the Fiscal Code, is repealed

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