Tax Flash No. 5/2017

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Order no. 605/2017 establishing the criteria for the VAT registration, for the approval of the Procedure regarding the VAT registration as per art. 316 para. (12), let. e) of Law 227/2015 regarding the Fiscal Code, of the taxable persons, companies, having the seat of their economic activities in Romania, established as per Law no. 31/1990, subject to the registration within the trade registry and for the approval of the Procedure for the annulment, by default, of the VAT registration as per art. 316 para. (11), let. h) of Law 227/2015 regarding the Fiscal Code, of the taxable persons, companies, having the seat of their economic activities in Romania, established as per Law 31/1990, subject to the registration within the trade registry which do not justify the intention and capacity to perform economic activities involving transactions subject to VAT, was published in Official Gazette 93/2017.

  • The criteria for the VAT registration are similar to the ones provided by Order no. 2393/2016 establishing the criteria for VAT registration, with the exception of the requirement to submit 088 Form, that was abolished. The tax authorities will analyze internally whether the taxable person justifies the intention and capacity to perform economic activities involving transactions subject to VAT, determining the fiscal risk.
  • The annulment of the VAT registration following the failure to justify the intention and capacity to perform economic activities, determined based on the internal analysis of the tax authorities, only applies to taxable persons with fiscal risk.
  • The aforementioned Order enters into force as of 1st of February 2017, date from which Order no. 2393/2016 is abolished.

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