Tax Flash No. 2/2018

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Fiscal Updates

Law no. 29/2018 regarding the annulment of certain fiscal obligations was published in Official Gazette 52/2018

  • The differences of income tax and social contributions as well as the related late payment charges established (or that could have been established) through a reclassification into independent activity of transactions for which income tax on the transfer of real estate property from personal patrimony was due and the income was applied for tax periods up to June 1, 2017 are canceled or no tax assessment decisions shall be issued.
  • The VAT differences and the late payment charges established (or that could have been established) for tax periods prior to December 31, 2016 as a result of  natural persons, authorized individuals, individual enterprises and family businesses based in Romania, having carried out agricultural production activities by methods other than industrial ones exceeding the exemption threshold of lei 220,000 are cancelled  or no tax assessment decisions shall be issued.
  • The persons who paid the aforementioned tax obligations can request the refund of the paid amounts through a procedure to be published in the Official Gazette within 30 days.

Order no. 1168/2018 regarding the assignment of creating computer programs was published in Official Gazette 52/2018

  • In addition to the previous regulation (Order no. 409/2017), the current order mentions that the employees with a baccalaureate diploma who attend the courses of an accredited higher education institution and perform one of the activities specified within the Order shall also be exempt from income tax.

Order no. 3132/472/2017 amending Order of the ministry of public finance and the ministry of agriculture and rural development no. 1155/868/2016 regarding the application of the 9% reduced VAT rate for the supply of fertilizers and pesticides used in agriculture, seeds and other agricultural products for sowing and planting, as well as the supplies of services specific to the agriculture sector was published in Official Gazette 49/2018

The category of the goods and services specific to the agriculture sector for which the 9% reduced VAT rate is applicable was extended.

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