Tax Flash No. 5/2012

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Order 247/2012 regarding the procedure for the application of article 52 of the Fiscal Code was published in Official Gazette 129/2012

  • In the context of recent amendments to the Civil Code and the Fiscal Code, clarifications are brought with respect to art. 52 of the Fiscal Code concerning the taxation of income from independent activities.
  • Thus, payers of income from independent activities are not under the obligation to calculate, withhold and remit the income tax representing advance payments for the following categories of taxpayers, with the exceptions specifically provided by law:
    • individuals organized as freelancers, individual enterprises and family enterprises, as well as individuals who on their own or in a form of association derive income from liberal professions;
    • individuals who obtain income from the disposal of goods from the business’ patrimony.
  • Payers of income from intellectual property, accounting and technical, judicial and extrajudicial expertise, are under the obligation to calculate, withhold and remit the income tax representing advance payments.
  • Also, the payers of income are under the obligation to calculate, withhold and pay the tax on revenues obtained bases on the following contracts:
    • commission contracts, commercial mandate and consignment contracts, qualified as civil contracts after the date of 1st of October 2011, and in the case of agent contracts;
    • civil contracts /conventions which have the same legal nature both before and after the enforcement of the Civil Code.
  • The individuals who derive income from the disposal of goods from their personal patrimony, irrespective of whether performing independent activities or not, shall be subject to the provisions of Title III, Chapter IV “Income from the disposal of goods” of the Fiscal Code.

Order 144/2012 regarding the approval of the Procedure for the correction of errors made in the fiscal declarations, in the case of submission by taxpayers of a rectifying statement, was published in Official Gazette 137/2012

  • The Procedure presents the operations to be performed by the tax authorities further to the submission of rectifying returns regarding the decrease/increase of tax obligations and approves the standard template of the Taxation decision, which shall be issued for accessory obligations assessed in addition or decreased, further to the correction of errors.
  • Also, the Procedure provides for the ex-officio offset or upon request of the overpaid amounts, after the correction operations, with other outstanding tax liabilities.

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