Tax Flash No. 2/2016

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Order no. 36841/2015 for the approval of the model and content of Form (088) “Statement on own responsibility for the evaluation of the intention and capability of performing economic activity involving transactions subject to VAT” was published in Official Gazette no. 8/2016.

The main amendment brought to form 088 refers to the possibility of providing the information and documents regarding the nature and the gross income obtained by the administrators and / or shareholders through “the virtual private space” [VPS] – within the related section of form 088 it is currently inscribed “under implementation”;

The provisions of Order 3841/2015 entered into force on 1 January 2016, date from which the provisions of Order no. 1966/2015 were abolished.

Order no. 3769/2015 regarding the reporting of the deliveries/supplies and acquisitions performed on the national territory by VAT registered persons and for the approval of the model and content of the informative statement regarding the deliveries/supplies and acquisitions performed on the national territory by VAT registered persons (“394 statement”) was published in the Official Gazette 11/2016

The main amendments brought to the 394 statement consist in:

– the obligation of submitting the 394 statement, irrespective of the fact that there were not performed operations as those subject to the statement, during the reporting period;
– the new form of 394 statement is applicable starting with the reporting period related to March 2016. For January and February 2016, the taxpayers having the month as the fiscal period shall submit 394 statement using the old form, following to submit by 25 April 2016, 394 statement using the new form, inclusively for January and February 2016;

– presenting separately the acquisitions/local supplies performed from/by taxable persons applying the VAT postponned system;

– presenting the acquisitions/supplies for which the reverse charge mechanism applies depending on the categories of goods acquired/supplied as such;
– extending the operations to be reported within the 394 statement, including, among others:

(i) the operations carried out with persons not registered for VAT purposes in Romania, established in Romania / another Member State / outside the European Union, which are not liable to register for VAT purposes in Romania;
(ii) the monthly cashing resulted from the operations performed through the fiscal cash registers, as well as from the activities that are exempted from such obligation, as per the law;
– presenting the range of invoices used during the reporting period, indicating the number and series of the self-invoices and credit-invoices and cancelled invoices;
– introducing the obligation for filling in the data regarding the nature of the operations, providing that the taxable person registers during the reporting period a negative VAT amount and request it for reimbursement;

– The possibility of exercising the option to consult the data regarding the transactions performed with the business partners and reported in the 394 statements, by accessing a NAFA’s software application.

Order 3769/2015 shall be applicable as of 1 April 2016.

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