The authorities recently introduced a series of legislative amendments and clarifications, as outlined below:
Profit tax
The procedure and corresponding forms for the implementation and administration of fiscal groups for corporate tax purposes have been approved.
Source: Order no. 1,191/2021 of the President of the National Agency for Fiscal Administration approving the Procedure for the implementation and administration of fiscal groups for corporate tax purposes, as well as the template and content of various forms, in the format published on 6 August 2021.
Income tax
The procedure has been approved for establishing ex officio the annual tax liabilities due by individuals who have obtained income in the form of allowances pursuant to GEO no. 30/2020 and GEO no. 132/2020, in the context of the Covid-19 pandemic.
Individuals who fall into this category include professionals, or persons who have concluded individual employment agreements and whose activity was interrupted during the state of emergency. The procedure also applies to lawyers who received allowances as a consequence of a decreases in their activity as a result of the Covid-19 pandemic.
For the aforementioned allowances the submission of a tax return is obligatory according to the law.
Source: Order no. 1,251/2021 of the President of the National Agency for Fiscal Administration on the amendment and supplementation of Order of the President of the National Agency for Fiscal Administration no. 2,862/2019 approving the Procedure for the ex officio establishment of annual personal income tax, as well the template and content of various forms, in the format published on 20 August 2021.
Value added tax
The option to submit a simplified VAT declaration has been introduced for taxable persons who only carry out operations within the country.
Taxpayers can opt to fill out the simplified VAT return by ticking the corresponding box on the form.
The simplified VAT return can be used starting with declarations of tax obligations relating to the month of July 2021.
Source: Order no. 1,253/2021 of the President of the National Agency for Fiscal Administration approving the template and content of Form 300 (“Value Added Tax Return”), in the format published on 17 August 2021
Other tax incentives
The Taxpayer’s Guide for the preparation and submission of informative statement D406 regarding the standard fiscal control file (SAF-T) has been published. This is a draft document and may be subject to change prior to its legal implementation.
This document provides several clarifications regarding reporting deadlines, taxpayer obligations and potential fines for non/incorrect reporting, as well as various technical specifications applicable to mandatory items.
Informative statement D406 is to be submitted electronically, either monthly or quarterly, following the fiscal
period for which the VAT is due. Taxpayers not registered for VAT purposes will submit the SAF-T file on a quarterly basis. Submissions of XML files will happen in the same way as submissions of tax returns.
The authorities are introducing a grace period of 3 months for the first reporting obligation, starting with the date on which the submission obligation becomes effective for the taxpayer in question.
SAF-T reporting will become mandatory as of 1 January 2022 for large taxpayers, while other categories of taxpayer will be enrolled in the reporting system at a later date, i.e. in 2022, respectively in 2023.
Source: Draft issued by the National Agency for Fiscal Administration, published on 9 August 2021