Tax Flash No. 13/2014

Emergency Ordinance 80/2014 for the amendment and completion of Law 571/2003 regarding the Fiscal Code and other normative documents was published in Official Gazette 906/2014

We hereby mention the main amendments and completions:

Fiscal Code

Withholding Tax

Taxpayers deriving incomes from independent activities (with certain exceptions) are required to maintain a Fiscal register in order to determine the net annual income;
The content and format of the Fiscal register shall be approved by order of the Ministry of Public Finances

VAT

Under the Emergency Ordinance 8/2014 regarding the amendment and completion of certain normative acts and other fiscal-budgetary measures, published in the Official Gazette 151/2014, was introduced the mechanism to register, declare and pay the VAT due for the electronic, telecommunication, broadcasting and televisions services provided by the taxable persons established in the European Union to the non-taxable persons also established in the Community (hereinafter referred to as „mini one stop shop” – MOSS), applicable starting 1 January 2015;
The main features of the MOSS system are:
- The taxable person acting as a supplier will only register in one Member State where will declare and pay the VAT due for all the services provided to the non-taxable persons established in the Community, at the rates applicable in each Member State. The state for the registration is the Member State where the taxable person has its headquarter for the economic activities, or the Member State where it has a fixed establishment, irrespective of which are the Member States of consumption;
- In order to apply the special regime, an electronic statement for the commencement of the activity shall be submitted;
- Within 20 days from the end of each quarter a special VAT statement shall be submitted in order to reflect the VAT value due to each Member State of consumption and such shall be paid in the account indicated by the competent tax authority
A similar mechanism is still provided for the non-EU operators providing electronic, telecommunication, broadcasting or television services to the non-taxable persons established in the Community;
By Emergency Ordinance 80/2014 was regulated Euro as the currency in which the special VAT statements shall be prepared, respectively the VAT due shall be paid both by the Community and non-Community operators applying MOSS;
Additionally, in which regards MOSS, the Emergency Ordinance 80/2014 regulates that Romania shall withheld a percent of 30% for the period between 1 January 2015-31 December 2016, respectively 15% between 1 January 2017-31 December 2018, from the amounts following to be transferred to the Member States of consumption

Other amendments

Clarification are brought regarding the cancellation of the VAT registration if there are crimes and/or the joint and several liability is drown in relation to the taxpayer declared insolvent, depending on the type of the company (joint stock company/partnership by shares or other types of companies);
The VAT registration number shall be cancelled in case of companies established in Romania that do not justify the intention and ability to carry out an economic activity according to the criteria set by the order of ANAF;
For all the situations of VAT registration as a result of cancellation of the VAT registration number, the tax authorities may impose also criteria for the approving of the registration, according to the order of ANAF;
The subsequent VAT registration of taxable persons following previous cancelation of the VAT registration number shall be done at the request of the taxable person in all cases, starting from the date the situation that gave rise to the cancelation of the Vat registration has ceased and following compliance with the new requirements in this respect;
Clarifications are brought regarding the sworn responsibility statement necessary to be submitted by the traders of electricity in order to apply the reverse charge mechanism

Excises and the Tax on Crude Oil

Starting 1 January 2015 the level of the excise duties shall be expressed in RON per measuring unit. Starting 2016, the excise shall be annually updated with the consumer price index, in the last 12 months, as computed in the month of September of the previous year;
Starting 1 April 2015 the level of the minimum excise duty for cigarettes shall be determined as 97% of the total value of the excise duty, expressed in RON, provided in appendix no. 1 to the Fiscal Code. Also, starting 2016, the level thus obtained shall be annually updated with the consumer price index;
Starting 1 January 2015, the tax on the crude oil shall be of RON 18.95/ton and shall be annually updated with the consumer price index

Law 95/2006 regarding the Health Reform

The contribution for financing health expenses due by the persons that produce, import or perform intra-Community acquisitions of alcohol or tobacco products, shall be established in RON/measuring unit, following that starting 2016 the level of the contribution to be annually updated with the consumer price index.

Order 569/2014 regarding the approval of the Norms on supplementing the Intrastat statistical statement was published in Official Gazette 854/2014

We hereby mention the main amendments and completions:

The obligation of reporting the information below is provided as regards Intrastat Statistical Declaration – flow of intra-Community dispatches:
- The Fiscal identification code of the commercial partner from European Union to whom the goods are dispatched;
- The country of origin for the intra-Community dispatches
The Combined Nomenclature is amended as to include 21 new codes with 8-digit while 14 codes with 8-digit are removed;
The online and offline Intrastat applications for collecting the information will be available on the website of the National Institute of Statistics as of February 1, 2015;
The provisions of the current order would be applicable for the transactions performed starting with January 2015

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