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Fiscal obligations with a maturity date/payment deadline falling after the date of the declaration of the state of emergency and still unpaid by the date of issue of the tax certificate can now be paid in instalments over a maximum period of 12 months.
In order to benefit from the payment in instalments facility, taxpayers must cumulatively meet the following conditions:
- They submit their applications for this facility by 15 December 2020
- They are not in a state of bankruptcy/dissolution
- They do not have any outstanding fiscal obligations on the date of declaration of the state of emergency that are still unpaid by the date of issue of the tax certificate
- They are not held liable under the insolvency legislation/jointly and severally liable under the Fiscal Procedure Code (the condition is deemed to have been met if the amount has been paid)
- They have submitted all of their tax returns by the date of issue of the tax certificate
Tax liabilities arising as a result of a tax inspection that is still ongoing on the date of entry into force of these legislative amendments may also be paid in instalments, irrespective of the period under inspection by the authorities.
Payment in instalments is not available for tax obligations which:
- were the subject of a payment in instalments facility that lost its validity
- have a due date/payment deadline after the date of issue of the tax certificate
- are suspended or are subject to the compensation procedure on the date of issue of the tax certificate
- are less than RON 5,000 in the case of legal entities, or RON 500 in the case of individuals
The following interest charges and penalties relating to payment in instalments facilities apply:
- Interest at 0.01% per day starting 26 December 2020, for each day of delay
- A late payment penalty of 0.01% per day, to be applied until the date of issue of a payment in instalments decision
- A late payment penalty of 5% of of the current installment
- A penalty of 5% of the amount still unpaid in the event that the payment in instalments facility loses its validity
Source: Emergency Ordinance no. 181/2020 regarding various fiscal and budgetary measures, the modification and supplementation of various normative acts, and the extension of various deadlines.
