Legal & Tax Updates

Order 24/2014 on the approval of the Norms regarding the establishment of the procedure and conditions for the authorisation of the VAT warehouse referred to in art. 144 paragraph (1) letter a) point 8, second indent of Law. 571/2003 regarding the Fiscal Code, as amended and completed, and the establishment of the Commission for the authorisation of the VAT warehouses and their organisation and operation regulation was published in Official Gazette 47/2014

• The Order refers to the goods provided by Order 2218/2006 regarding the approval of the Norms for the application of VAT exemptions for the international trade of goods, referred to in art. 144 para. (1) of Law no. 571/2003 regarding the Fiscal Code, as amended and supplemented and it repeales the provisions of Order 2219/2006 for the approval of the procedure and conditions for the authorisation of the VAT warehouse referred to in art. 144 para. (1). a) section 8 of Law no. 571/2003 regarding the Fiscal Code, as amended and supplemented
• The documentation to be submitted in order to obtain a VAT warehouse authorisation is amended, with the possibility that the competent fiscal authorities might also carry out a tax audit
• The place to be used as a VAT warehouse must be strictly delimited, having its own access, fencing and the activity performed within this place must be independent of other activities performed by the person requesting the authorisation that are not linked with the VAT warehouse activity
• The persons submitting the application for the authorisation of a VAT warehouse must not have outstanding tax liabilities administered by NAFA and cannot be liquidated or bankrupt
• It is specified that the state reserve and the mobilisation reserve are assimilated to VAT warehouses, being licensed as a single VAT warehouse regardless of the number of storage spaces and the authorisation documentation is submitted to the central fiscal authority
• The validity of the VAT warehouse authorisation is of 3 years and the documentation for the reauthorisation must be submitted within 60 days before the expiry date in order to extend it
• The activity of the Commission for the authorisation of VAT warehouses, and its organisation and operation regulation are detailed
• The Commission may revoke the VAT warehouse authorisation if the VAT registration number was canceled as per the provsions of art. 153 (9) of the Fiscal Code or if it was notified of the existence of a definitive court decision for a fiscal offense
• The procedure for amending the VAT warehouse authorisation is established
• The VAT warehouse authorisation is not transferred when selling the space designated as a VAT warehouse
• The obligation to notify the tax authorities on the goods missing from the VAT warehouse is eliminated
• In case the VAT warehouse authorisation has been revoked a new one can be issued within six months from the date of revocation of the previous authorisation