Tax Flash No. 6/2022 – Solidarity contribution in the oil and gas industry and amendments to the Tax Procedure Code approved by the Romanian Government

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29.12.2022 – In its Meeting of 28 December 2022, the Romanian Government approved the solidarity contribution for the oil and gas industry, as well as a series of amendments to the Tax Procedure Code to implement the Romania’s National Recovery and Resilience Plan (“NRPP”) measures undertaken by ANAF

The following is a summary of the main provisions adopted by the Government in its Meeting of 28 December 2022.

We will revert with more details in a Tax Flash in early January 2023.

Solidarity contribution in the oil and gas industry:

  • The Government has approved a government emergency ordinance (“GEO”) implementing Regulation (EU) 2022/1854 on an emergency intervention to address high energy prices.
  • The main aim of the provisions is to ensure the financing of strategic energy projects and the necessary resources to protect the population affected by energy prices.
  • According to the mentioned EU regulation, the solidarity contribution should be strictly temporary.
  • The solidarity contribution will be paid by companies in the oil, gas, coal and refining sectors.
  • For CIT taxpayers, the solidarity contribution will be computed based on the annual taxable profits in 2022 and 2023 respectively, that exceed the average taxable profits for 2018-2021 by more than 20% (the taxable base).
  • The applicable rate is 60% of the taxable base.
  • The payment deadlines are 25 June 2023 and 25 June 2024, respectively.

Amendments to the Tax Procedure Code in order to implement the NRRP measures undertaken by ANAF:

  • The Government has approved an GEO to amend the Tax Procedure Code and GEO no. 74/2013 on certain measures to improve and reorganize the activity of ANAF, as well as to amend and supplement certain acts.
  • The approved GEO aims to implement the milestone “Entry into force of the legal framework for the activity of the tax control structures” of the NRRP, assumed by ANAF, with the implementation deadline Q4 of 2022.
  • The GEO provides for the following main measures:
    • sending notices for compliance (review of personal tax situation and possible correction of tax returns) to taxpayers presumed to be selected for tax audit. The measure aims to encourage taxpayers to comply voluntarily.
    • centralising risk analysis and tax inspection activity at national level.
    • the introduction of the possibility for the taxpayer to request the issuance of a provisional tax assessment decision after half of the legal tax inspection period has elapsed if the taxpayer has not been informed of the completion of a tax period and a type of tax liability.
    • clarifications are made from a procedural perspective to the documentary verification, regarding the periods that may be subject to this procedure depending on the tax risk identified, the method of communication within the procedure (usually by electronic means of remote transmission), the tax obligations that may be subject to this procedure.

The Romanian version of this newsletter is available here.

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