- 1. New exemption for people with disabilities
- • The incomes obtained from the transfer of the property right by way of inheritance obtained by the disabled people are exempted regardless of the moment of debating the succession.
- 2. Exceptions declaration of real beneficiaries
- • The following legal entities are exempted from the obligation to submit the declaration regarding the real beneficiaries:
- i. autonomous utilities, companies and national companies and companies wholly or majority owned by the state;
- ii. legal entities consisting only of associate natural persons, when they are the only real beneficiaries.
- The declaration on the real beneficiaries is submitted at registration and whenever there is a change in this regard.
- 3. Expansion of some fiscal facilities
- • Taxpayers, legal entities, in financial difficulty and for which there is a risk of entering insolvency will be able to restructure their main outstanding tax obligations on 31 July 2020 (previously 31 March 2020);
- • The restructuring application may be submitted until December 31, 2020, under the sanction of forfeiture (previously the deadline was set at December 15, 2020).
- 4. Amendments to the Fiscal Procedure Code
- • Credit institutions, payment institutions and electronic money emition institutions have the obligation to communicate, at the request of the central fiscal body, for each owner that is the subject of the request, all turnovers and / or balances of accounts opened with them, as well as information and the documents regarding the operations carried out through the respective accounts;
- • Credit institutions, payment institutions and electronic money emition institutions are obliged to communicate to the central fiscal body, on a daily basis, information on the opening or closing of accounts, as well as on the rental of safe deposit boxes;
- • The National Office for the Prevention and Combating of Money Laundering will send monthly to the A.N.A.F. reports for cash transactions, reports on external transfers to and from accounts and reports on remittance activities received from reporting entities that are required to provide that information;
- • Based on the data and information received, the A.N.A.F. will organize the Electronic Central Register for payment accounts and bank accounts identified by IBAN;
- • The register allows the identification, in due time, of all natural or legal persons who hold or control payment accounts and bank accounts identified by IBAN or safe deposit boxes held at a credit institution on the territory of Romania;
- • The central fiscal body, at the justified request of the local fiscal body or of another central and local public authority, transmits the information from the register in order to fulfill by these authorities the attributions provided by law.
- 5. Completion to the Fiscal Code
- • The transfer of food intended for human consumption, which is close to the expiration of the date of minimum durability, will no longer be a delivery of goods, in case it is carried out according to the legal provisions regarding the reduction of food waste, amendment appeared in the Fiscal Code;
- • In Law no. 217/2016 on reducing food waste, it is mentioned that economic operators who transfer food by donation can deduct their expenses without collecting VAT.
- 6. Procedure for cancellation of ancillary obligations
- • The current procedure applies to budgetary obligations administered by the central fiscal body, including customs bodies;
- • Persons who can benefit from the facilities provided in this procedure are all categories of debtors, such as natural or legal persons, regardless of the form of ownership, associations and other entities without legal personality, natural persons who carry out economic activities independently or exercise free professions, administrative-territorial units or administrative-territorial subdivisions of Bucharest or public institutions;
- • The central fiscal body grants the following fiscal facilities:
- i. postponement of payment of ancillary payment obligations remaining unpaid on the date of issuance of the tax attestation certificate, until the date of settlement of the application for cancellation of accessories or until December 15, 2020 inclusive, in case of non-submission of this request, for debtors notifying the fiscal body according to art. XIII alin. (1) of the emergency ordinance;
- ii. cancellation of ancillary payment obligations.
- • The request for cancellation of the accessories payment obligations can be submitted after the fulfillment of the conditions for granting the cancellation, but not later than December 15, 2020 inclusive;
- • On the date of submission of the request for cancellation of accessories, the debtor must have extinguished all main budgetary and ancillary obligations administered by the central fiscal body with payment deadlines between April 1, 2020 and the date of submission of the request for cancellation of accessories.
- 7. Change of the instructions to D100
- • Taxpayers paying corporate tax and income tax to micro-enterprises, who paid the tax due by the due dates of April 25, 2020 inclusive, for the first quarter in the case of corporate tax and July 25, 2020 inclusive, for the second quarter and October 25, 2020 inclusive , for the third quarter in the case of corporate income tax and income tax, complete the amount representing the bonus they receive, in line 1.2. "Bonus" from D100.
- 8. Reduction of taxes with the cost of cash registers
- • Taxpayers paying corporate tax, income tax on micro-enterprises, tax on annual taxable income and tax specific to certain activities (restaurants, terraces, hotels) receive the right to reduce the tax due to the cost of purchasing cash registers, including those purchased in 2018-2020 with impact on the calculation of the tax for the current year;
- • Corporate income tax
- ○ The acquisition cost of electronic fiscal cash registers purchased and put into operation in the years 2018-2020, will represent amounts assimilated to non-deductible expenses when calculating the profit tax, but which are deducted from the profit tax of 2020;
- ○ The condition is that the respective persons have been payers of profit tax in the periods for which the cost of the cash registers is deducted from the tax;
- ○ The amounts that are not deducted from the profit tax, are carried forward for the next 7 consecutive years.
- • Income tax of micro-enterprises
- ○ Taxpayers who owe income tax of micro-enterprises, at the date of determining the income tax of micro-enterprises for the 4th quarter of 2020, they deduct from the income tax of micro-enterprises the acquisition cost of electronic fiscal cash registers, also;
- ○ Are eligible for tax deductions, cash registers purchased and put into operation in the years 2018-2020 before the entry into force of this law, provided that at the date of the purchase of the respective electronic fiscal cash registers the taxpayers were payers of income tax on micro-enterprises;
- ○ The amounts that are not deducted from the income tax of micro-enterprises, are carried forward in the next 28 consecutive quarters. Recovery of these amounts will be made at the time of each payment of income tax on micro-enterprises.
- • Income tax
- ○ Taxpayers who owe income tax, at the date of determining the income tax for 2020, add to the annual net taxable income obtained from independent activities and intellectual property rights, the acquisition cost of electronic fiscal cash registers, purchased and put into operation in 2018, as well as in 2019;
- ○ The amounts that are not decreased are carried forward for the next 7 consecutive years.
- • Tax specific to some activities
- ○ Taxpayers obliged to pay the specific tax who purchase electronic fiscal cash registers, deduct the acquisition cost related to them from the specific tax in the year in which they were put into operation, within the specific tax due for that year;
- ○ Amounts that are not deducted from the specific tax are carried forward to the following year, for a period of 7 consecutive years.
- 9. Accounting reporting as of June 30, 2020
- • The accounting reporting system as of June 30, 2020 applies to the entities that in the previous financial year (2019) registered a turnover higher than 220,000 lei;
- • The accounting reports on June 30, 2020 are submitted to the territorial units of the Ministry of Public Finance by September 30, 2020 at the latest;
- • Some clarifications are brought in connection with the determination of the depreciation of fixed assets through the Accounting Regulations approved by the O.M.F.P. no. 1802/2014:
- ○ the entities that decide in the case of tangible assets to switch from the revaluation method to the cost method, will determine the depreciation expense based on the value of the asset, corrected with the adjustments imposed by the modification of the respective accounting policy.;
- ○ the depreciation of fixed assets is neither interrupted nor diminished during their non-use.
- 10. New tax-exempt income
- • At the art. 60 of the Fiscal Code was introduced a new category of individual taxpayers exempt from paying income tax;
- • Thus, the natural persons, for the revenues obtained from the sale of electricity to the electricity suppliers with which the respective prosumers have concluded electricity supply contracts, are exempt from tax for the revenues obtained from the sale of electricity, if the power plants renewable electricity sources they own, have installed electrical power of up to 27 kW per place of consumption;
- • Prosumers, natural persons, are not obliged to keep records for electricity deliveries made in the present situation.
- 11. Amendments to the procedure for registering taxable persons for the use of one of the special schemes for electronic, telecommunications, broadcasting or TV services - MOSS
- • The taxable person not established in the European Union who opts for the use of the non-EU regime must submit a declaration confirming that he has not established his place of economic activity in the territory of the European Union and does not have a fixed seat in its territory;
- • For taxable persons registered for VAT purposes in Romania according to the provisions of art. 316 of the Fiscal Code and for which the use of the EU regime has been accepted, the quality of taxable person using the regime is entered in the register of taxpayers;
- • For the application of the MOSS scheme, the provider does not have to choose to establish the place of delivery to the beneficiary even if he fulfills the conditions of derogation from it;
- • For the application of the provisions of the previous point, the competent fiscal body identifies, with the help of the computer application, the taxable persons who use the Mini One Stop Shop regime and who, in the special VAT declarations submitted in Romania, declared services whose total value without VAT , does not exceed, in the current calendar year, 10,000 euros (46,337 lei) and did not exceed this amount during the previous calendar year. The selected persons are registered in the List of taxable persons who use the special Mini One Stop Shop regime and who meet the conditions provided in art. 278 para. (8) of the Fiscal Code. The selection is made annually, between April 20 and May 1, based on the special VAT returns submitted for the previous year and for the first quarter of the year in which the selection is made.
Law no. 104/2020 for completing art. 60 point 1 of Law no. 227/2015 on the Fiscal Code was published in the Official Gazette, Part I, no. 425 of May 21, 2020.
Remarks:
Law no. 108 regarding the amendment and completion of Law no. 129/2019 for preventing and combating money laundering and terrorist financing, as well as for amending and adding some normative acts was published in the Official Gazette, Part I, no. 588 of July 6, 2020.
Remarks:
Law no. 114 regarding the approval of the Government Emergency Ordinance no. 90/2020 for the amendment of the Government Ordinance no. 6/2019 on the establishment of some fiscal facilities, as well as for the modification of other normative acts was published in the Official Gazette, Part I, no. 600 of July 8, 2020.
Remarks:
Government Emergency Ordinance no. 111 of July 1, 2020 on amending and supplementing Law no. 129/2019 for preventing and combating money laundering and terrorist financing, as well as for amending and supplementing some normative acts, for completing art. 218 of the Government Emergency Ordinance no. 99/2006 on credit institutions and capital adequacy, for the amendment and completion of Law no. 207/2015 on the Fiscal Procedure Code, as well as for completing art. 12 para. (5) of Law no. 237/2015 on the authorization and supervision of the insurance and reinsurance activity was published in the Official Gazette, Part I, no. 620 of July 15, 2020.
Remarks:
Law no. 131/2020 for completing par. (8) in art. 270 of Law no. 227/2015 regarding the Fiscal Code and for the amendment of Law no. 217/2016 on reducing food waste was published in the Official Gazette, Part I, no. 623 of July 15, 2020.
Remarks:
Order no. 2,100 of the Minister of Public Finance for the approval of the Procedure for cancellation of ancillary payment obligations was published in the Official Gazette, Part I, no. 635 of July 20, 2020.
Remarks:
Order no. 3,011 of the president of the National Agency for Fiscal Administration regarding the amendment of annex no. 4 “Instructions for completing the form 100“ Declaration regarding the payment obligations to the state budget ”, code 14.13.01.99/bs” to the Order of the President of the National Agency for Fiscal Administration no. 587/2016 for the approval of the model and content of the forms used for declaring taxes and fees with a regime of establishment by self-taxation or withholding tax was published in the Official Gazette, Part I, no. 651 of July 23, 2020.
Remarks:
Law no. 153 for the amendment and completion of Law no. 227/2015 regarding the Fiscal Code, as well as for the completion of Law no. 170/2016 regarding the specific tax of some activities was published in the Official Gazette, Part I, no. 659 of July 24, 2020.
Remarks:
Order 2,206 of the Minister of Public Finance for the approval of the Accounting Reporting System on June 30, 2020 of the economic operators, as well as for the completion of some accounting provisions was published in the Official Gazette Part I, no. 675 of July 30, 2020.
Remarks:
Law no. 155 for the amendment and completion of the Law on electricity and natural gas no. 123/2012 and regarding the modification and completion of other normative acts was published in the Official Gazette Part I, no. 665 of July 27, 2020.
Remarks:
Order 3,039 of the President of the National Agency for Fiscal Administration regarding the amendment and completion of the annex to the Order of the President of the National Agency for Fiscal Administration no. 3,737 / 2016 for the approval of the Procedure for registration of taxable persons, in order to use one of the special regimes, for electronic services, telecommunications, broadcasting or television, as well as for declaring the value added tax, according to the provisions of art. 314 and art. 315 of the Fiscal Code, in the situation where Romania is a member state of registration was published in the Official Gazette Part I, no. 684 of July 31, 2020.
Remarks:
The procedure for registration for VAT purposes is amended in order to use one of the special arrangements mentioned, as follows:
The competent tax authority shall notify, by electronic mail, the taxable persons who are included in the list in connection with their right to choose the place of supply of services to be determined to the beneficiary.
The option is exercised by submitting the form (085) within 15 days of receipt of the notification. Taxable persons who, following notification, choose to provide services for which the place of supply is to the beneficiary are eligible for the continued use of the special scheme.
Taxable persons who, following the notification, do not submit the form (085) within 15 days of receipt of the notification no longer meet the conditions for using the special scheme. In this case, the place of supply of services shall be deemed to be with the provider, in which case the information on value and value added tax related to the operations shall be entered in the form (300) Value added tax return.