Tax amendments

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Changes to the Single Declaration 

The tax authorities have published the new template for Form 212 – “Single declaration for income tax and social security contributions due by individuals”.

The new form contains additional sections and will be used to declare income tax and social contributions due starting with 2021.

The form will also be used to declare income tax and social contributions due for estimated income starting with 2022. 

Source: Order no. 2,127/2021 on the approval of the template, contents, means of submission and management of Form 212 – “Single declaration for income tax and social contributions due by individuals”, in the form published on 5 January 2022. 

Changes with effects for the energy sector

According to Law no. 259/2021, additional income obtained by producers in the energy sector resulting from the difference between the average monthly electricity sale price and the price of RON 450/MWh will be subject to 80% tax.

The tax due on additional income derived by producers in the energy sector is calculated for the period 1 November 2021-31 March 2022.

This tax is to be declared by electricity producers (with the exception of producers of electricity generated from fossil fuels) by latest the 25th day of the month following that for which the tax is due.

This tax is to be declared using Form 100, which has been updated by the tax authorities to include this obligation.

Source: Order no. 64 of the President of the National Agency for Fiscal Administration regarding the application of the provisions of art. II of Law no. 259/2021 on the approval of Government Emergency Ordinance no. 118/2021 on the establishment of a compensation scheme for the consumption of electricity and natural gas during the 2021-2022 cold season, as well as on the supplementation of Government Ordinance no. 27/1996 on the granting of facilities to persons residing or working in certain localities in the Apuseni Mountains and the Danube Delta Biosphere Reserve, as well as the amendment and supplementation of Order no. 587/2016 of the President of the National Agency for Fiscal Administration on the approval of the template and contents of the forms used in the declaration of taxes and fees established through self-taxation or withholding tax, in the form published on 19 January 2022.

Other tax news 

The Romanian Parliament has adopted the law ratifying the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI).

Source: Law no. 5 on the ratification of the Multilateral Convention for the implementation in fiscal treaties of measures relating to the prevention of the erosion of the tax base and the transfer of profits, opened for signing and signed by Romania in Paris on 7 June 2017, in the form published on 10 January 2022

Tax & Legal Newsletter_January 2022
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