On 15 December 2023, Emergency Ordinance no.115/2023 on various fiscal and budgetary measures to ensure long-term financial sustainability introduced changes regarding the electronic invoicing system that will come into force on 1 January 2024.
For the period 1 January 2024 – 30 June 2024, the list of operations exempted from the obligation to issue invoices via the RO e-Invoice system has been extended. In addition to intra-community supplies and exports, invoices issued for the supply of goods/services to taxable persons who are neither established nor registered for VAT purposes in Romania, supplies of goods/provision of services for which simplified invoices are issued and services for which the issuing of invoices is not subject to the invoicing rules applicable in Romania are also excluded from reporting via the RO e-Invoice system.
As of 1 July 2024, simplified invoices will no longer be subject to transmission through the RO e-Invoice system.
Starting 1 July 2024, in the case of B2B commercial relationships, all legal entities established in Romania will be obliged to transmit electronic invoices through the RO e-Invoice system within 5 calendar days of the date of issue of the invoice and no later than 5 calendar days from the deadline established under the provisions of the Fiscal Code.
Failure to comply with these provisions will result in the application of administrative fines, the amount of which being determined by the applicable taxpayer category, as follows:
- for large taxpayers, fines will range between RON 5,000 and RON 10,000;
- for medium-sized taxpayers, fines will range between RON 2,500 and RON 5,000;
- for other legal entities and individuals, fines will range between RON 1,000 and RON 2,500.
In addition, again as of 1 July 2024, a fine equal to 15% of the total value of an invoice will be applied to both issuer and recipient, both being legal entities established in Romania, in respect of transactions performed as part of B2B relationships, as follows:
- to the issuer for non-compliance with the obligation to issue an invoice electronically via the RO e-Invoice system
- to the recipient for receiving and recording an invoice not issued electronically and not transmitted via the RO e-Invoice system
If the RO e-Invoice national electronic invoicing system is not functional for a period of 24 hours or longer, the obligation to transmit invoices electronically is suspended until the system is restored.
Periods of non-functionality of the RO e-Invoice national electronic invoicing system will be published on the websites of the National Agency for Fiscal Administration and the Ministry of Finance.
