Intermediaries or relevant taxpayers, as appropriate, are to report information relating to cross-border arrangements using the form published by the tax authorities.
According to the instructions for filling out the form, the role of the intermediary can be one of the following:
- promoter: any person who designs, markets, organises, makes available for implementation or manages the implementation of a cross-border reporting arrangement
- service provider: any person who knows or could be reasonably expected to know that he/she has undertaken to provide assistance with a reportable cross-border arrangement”
Relevant taxpayers should fill out the form if:
- the intermediary invokes the obligation to maintain professional secrecy
- the intermediary’s tax residence is located in a third country other than the EU Member States
- the reportable cross-border arrangement is not marketable and/or there is no intermediary who has the reporting obligation (“in-house” designed arrangement).
The instructions for filling out the form recapitulate the main “hallmarks” or signs with respect to reportable cross-border arrangements as contained in the Fiscal Procedure Code:
- Generic signs relating to the main benefit test
- Specific distinctive signs relating to the main benefit test
- Specific distinctive signs relating to cross-border transactions
- Specific distinctive signs relating to the automatic exchange of information and the real beneficiaries
- Specific distinctive signs relating to transfer pricing
We still await the publication by the Romanian tax authorities of a guide clarifying how these reporting requirements are to be implemented.
Source: Order no. 1029/2020 to approve the form used by intermediaries or relevant taxpayers, as appropriate, for the reporting of information relating to reportable cross-border arrangements
