Tax Flash No. 7/2016

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Order no. 2048/2016 was published in the Official Gazette no. 533/2016

Order no. 2048/2016 amending Order no. 3841/2015 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 the Official Gazette no. 533/2016.

The new Form 088 will be submitted by the taxable persons which present a fiscal risk, as a result of the selection performed automatically by the fiscal authorities, based on the request of the competent tax authorities.

The following declarative obligations are eliminated from the Form 088:
 information regarding the holding of the quality of administrator/shareholder within taxable persons that register/registered outstanding fiscal debts;
– information as regards the offenses listed within the fiscal record of the shareholders and/or administrators;
– indicate the contact details of three persons from Romania that may offer details as regards the administrators;
– indicate whether the shareholders and/or the administrators held this quality in other taxable persons that were liquidated, listed within the Registry of inactive tax payers or had the VAT code annulled, by default, in the last 5 years;
– specifying the taxable persons within which the shareholders and/or the administrators held this quality during the last 5 years;
– the number of Form 088 that were previously submitted for the same taxable person.

The following declarative obligations are introduced within Form 088:
– provision of details as regards the economic activity in respect of which the VAT registration is requested, mentioning the main clients/suppliers, as well as the investment which is intended to be performed by the taxpayer in connection with the main object of activity;
– indicating the reason/reasons which lead to the insolvency/the temporary inactivity of the taxable persons/freelancers/individual enterprises/family businesses within which the administrator/shareholders hold similar positions, respectively have the quality of owners;

– specifying the reason for which the taxable person has no bank accounts opened in Romania/other countries;
– the gross income obtained by the shareholders/administrators – individuals will be inscribed within the form having in view certain intervals and it will be indicated as well as the payer of the income;
– indicating the net value and the type of the assets held by the taxable person;
– detailing the operations that the taxable person intends to carry out in the following 12 months, by type of operations (e.g. intracommunity operations and/or operations performed outside the community).

Additionally, it was eliminated the obligation of submitting several justifying documents, such as: documents revealing the ownership/use of the space allocated to the registered office and/or working points, type of the activity carried out, documents attesting the incomes of the individuals holding the quality of shareholder and/or administrator, bank account extracts, study diploma, etc.

However, in case the taxable person is invited at the premises of the competent fiscal authorities in order to clarify the intention and the capability of carrying out economic activities, the fiscal authorities may request documents supplementary to those specified under the Form 088, documents meeting the conditions as regards the superlegalization or to be apostilled, as regards the documents issued by foreign authorities.

The new Form 088 will enter into force in 15 days as of the date of its publication in the Official Gazette, respectively on July 30, 2016.

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