Regulation of legal framework for SAF-T reporting
- SAF-T reporting will take the form of an informative statement, while also being a document subject to verification by tax authorities.
- Failure to submit the SAF-T file or incorrect or incomplete submission will result in a fine.
Mandatory enrolment in the Virtual Private Space
- As of 1 March 2022, it will be obligatory to enrol in the electronic communication system developed by the Ministry of Finance/ANAF for taxpayers, legal entities, associations and other entities without legal personality, as well as natural persons working in a liberal profession or performing an economic activity independently.
VAT reimbursement
- The VAT reimbursement mechanism with subsequent tax audit is to be extended to all categories of taxpayer, with certain exceptions expressly provided for by law, similar to the procedure approved by GEO no. 48/2020. This provision will become applicable as of 1 February 2022.
Rules for the rescheduling of payments
- Special rules have been introduced regarding the rescheduling of payments of tax obligations in the case of transfers of assets, fiscal residence and/or economic activity carried out through a permanent establishment for which Romania loses the right to impose corporate tax.
- As of 1 January 2022, the simplified rescheduling of payments over a period of up to 12 months will become a permanent measure.
Tax amnesty
- Taxpayers who were subject to a tax audit between 14 May 2020 and 29 March 2021 and received a tax decision after 14 May 2020 but no later than 31 January 2022 may benefit from the cancellation of interest charges and penalties relating to the principal amounts due before 31 March 2020.
- The obligations’ annulment is carried out in compliance with the condition of full settlement (by any means) of the main budgetary obligation established by the tax decision within the legal deadline and with the submission of the cancellation request by latest 31 January 2022.
Source: Government Ordinance no. 11/2021 amending and supplementing Law no. 2017/2015 on the Fiscal Procedure Code and regulating various fiscal measures, as published on 31 August 2021.
Other legislative amendments
- The Methodological Norms for the application of the Fiscal Code have been supplemented in order to implement the provisions pertaining to taxable persons who provide services to non-taxable persons or perform distance sales of goods and who wish to use one of the three available special schemes (EU-OSS, non-EU OSS or IOSS).
Source: Decision no. 928/2021 amending and supplementing Title VII of the Methodological Norms for the application of Law no. 227/2015 (the Fiscal Code), approved by Government Decision no. 1/2016 in the form published on 14 September 2021.
- The procedure for the restructuring of main budgetary obligations and ancillary budgetary obligations, outstanding as at 31 December 2020 and unpaid by the issuance date of the tax registration certificate, has been approved. This comes as a result of the extension of the applicability period from 31 July 2020 to 31 December 2021 introduced through GO no. 6/2019 in March 2021.
- Reminder: in order to request a restructuring of obligations, a notification must be submitted to the tax office by 30 September 2021.
Source: Order of the Minister of Finance no. 764/2021 amending and supplementing Order of the Minister of Public Finance no. 2810/2019 for the approval of the Procedure for the application of measures for the restructuring of budget obligations outstanding as at 31 July 2020, in the form published on 14 September 2021
- A draft order has been published introducing clarifications regarding the submission of the standard fiscal control file, the reporting model, as well as the submission deadlines and dates as of which taxpayers are obliged to carry out SAF-T reporting.
- The reporting obligation depending on taxpayer category has been clarified as follows:
– 1 January 2022, for large taxpayers
– 1 January 2023, for medium taxpayers
– 1 January 2025, for small taxpayers
– On the date of registration for newly established taxpayers, with the effective submission of the informative statement taking place on the last day of the month following the reporting period
- A grace period of 3 months has been proposed for taxpayers with quarterly reporting obligations (for the first reporting period), as well as a period of up to 6 months for the first 5 reporting periods in the case of large taxpayers with monthly reporting obligations. In the latter case, the grace period will decrease progressively, starting with 6 months for the first reporting month and decreasing to 2 months by the time of the fifth reporting period.
Source: Draft Order on the nature of the information the taxpayer/payer is obliged to declare in the standard tax control file, the reporting model, the submission procedure, as well as the submission deadlines and the date/dates as of which the categories of taxpayer/payers are required to submit the standard tax control file in the form published on 16 September 2021.
