FiNNEWS Legislative, no.5, 2017
- Thursday, 4 May 2017
- Supplementing the Classification of Occupations in Romania
- Procedure of Correction of the Errors Comprised in the Submitted Annual Financial Statements and the Annual Accounting Reports
- The Procedure of Settlement of the Receivable VAT with Reimbursement Option is amended as of May 1st
- Methodological Norms on the Specific Tax
- Procedure of Management and Monitoring of the Large Taxpayers
- Statement on the Liabilities related to the Environmental Fund
Supplementing the Classification of Occupations in Romania
Order no. 1938 as of March 13th, 2017 amending and supplementing the classification of occupations in Romania – occupation level (six characters), approved by the Order of the Minister of Labour, Family and Social Protection and of the President of the National Institute of Statistics no. 1832/856/2011.
The Order supplements the list of the classification of occupations in Romania – occupation level (six characters) and amends the name of some positions.
Procedure of Correction of the Errors Comprised in the Submitted Annual Financial Statements and the Annual Accounting Reports
Order no. 543 as of April 4th, 2017 amending and supplementing the Order of the Minister of Public Finances no. 450/2016 for the approval of the Procedure of correction of the errors comprised in the annual financial statements and the annual accounting reports submitted by the economic operators and the non-profit legal entities.
According to the order, the situation determined by the submission of annual financial statements /annual accounting reports not comprising any value indicator is also subject to the correction of the financial statements.
At the same time, the annual financial statements /annual accounting reports comprising corrected information can be submitted at the latest by the maximum deadline of submission of the annual financial statements /annual accounting reports afferent to the financial year /to the year following the one that the annual financial statements /annual accounting reports for which errors were ascertained refer to.
The procedure shall also be applied for the correction of the errors corresponding to the reports afferent to the previous financial years /to the years prior to the enforcement date of this order.
The Procedure of Settlement of the Receivable VAT with Reimbursement Option is amended as of May 1st
According to the provisions of art. 169 in the Tax Procedure Code, as further amended and supplemented, the VAT claimed to be reimbursed by the receivable VAT with reimbursement option is reimbursed by the tax authority according to the procedure and the conditions approved by order of the President of the National Agency for Fiscal Administration (Order no. 3699/2015 ).
According to the existent procedure, in the event the tax authorities ascertain, from the held information, the existence of a risk for an undue VAT reimbursement, the reimbursement claims of the taxable entities are solved after the performance of the anticipated tax inspection. For the application of these provisions, rules were established for the establishment of the special database on the taxable entities for which the tax authorities have established a tax risk.
In view of the increase of the accuracy degree of the procedure of settlement of the receivable VAT with reimbursement option, it was considered necessary for the special database to comprise information on the existence of a tax risk related to the VAT reimbursement, sent by the structures with tax inspection attributions, the fiscal administration ones, the general legal Directorate or the territorial legal structures and the general tax antifraud Directorate.
At the same time, it is imperiously necessary for a distinct analysis to be made, starting from the information comprised in the special database in order to be established whether, for the respective return, the risk of an undue reimbursement indeed exists. The analysis shall be made starting from the information having resulted in the registration of the taxable entity in the special database, in reference to the balance of the negative amount claimed to be reimbursed and taking into account any other relevant information that can configure or not the existence of a tax risk consisting in an undue reimbursement, risk that can be verified and identified by the tax inspection authorities within an inspection action.
At the same time, in order to ensure that the unitary application of the Procedure of settlement of the receivable VAT, both the situations/reasons underlying the establishment of the tax risk for the taxable entities and, implicitly, for the registration in the special database, and the situations/reasons based whereon the tax authorities can deregister the taxable entities from this database were expressly stipulated in the reimbursement procedure.
The amendments brought by the order are generated by the necessity of increase of the predictability degree as to the existence of the real tax risk in terms of the performance of an undue reimbursement, and the regulation can result both in the accelerated solving of the taxpayers’ requests and in an efficient use of the resources of the tax authority.
Methodological Norms on the Specific Tax
As of January 1st, 2017, the specific tax has come into force for some activities, more precisely for the food service and accommodation activities.
The manner of application of this specific tax is detailed in the Order of the Minister of Public Finances no. 464/2017 , clarifying certain aspects.
The specific tax is owed by the individuals actually performing the envisaged activities and that would have been corporate tax payers in the absence of this specific tax. The legal entities that, according to the Tax Code, are taxpayers on the incomes of the microenterprises as of January 1st, 2017, do not apply the specific tax (at least in 2017).
Concrete examples of calculation of the specific tax for several situations and activities are presented by the order.
Specifications are brought related to the calculation of the specific tax in the situation of the hotel complexes when the number of places dedicated to the food service activity exceeds the one dedicated to the accommodation activity.
Large Taxpayers Management and Monitoring Procedure
The Order approves a new large taxpayers management and monitoring procedure, the former procedure regulated by the Order of the President of the National Agency for Fiscal Administration no. 467/2015 being abrogated.
It contains details related to:
· Tax registration procedure
· Management of the sole tax group
· Declarative obligations
· Settlement of the receivable VAT with reimbursement option
· Communication of the documents requested by the large taxpayers
· Procedure of payment of the tax liabilities for the large taxpayers
· Tax control procedure for the large taxpayers
· Tax supervision, monitoring and authorization activity
· Guidance and assistance procedure for the large taxpayers
· Follow-up procedure of the compliance with the payment facilities in progress for the large taxpayers
· Tax liabilities set-off and reimbursement procedure
· Procedure of enforcement of the large taxpayers
· Regulation of the legal activity upon the registration or take-over of a large taxpayer
· Large taxpayers monitoring procedure
· Economic-financial inspection activity
Statement on the Liabilities related to the Environmental Fund
Order of the Minister of the Environment no. 591 as of April 7th, 2017 for the approval of the template and content of the "Statement on the liabilities related to the environmental Fund" form and of the instructions for the fill-in and submission thereof.
The Environmental Fund Administration manages the activity on the declaration, acknowledgement, control, collection, settlement of the contestations and enforcement of the contributions owed by the economic agents to the environmental Fund.
The terms of declaration of the liabilities to the environmental Fund, in reference to the nature of the liability, can be monthly, quarterly, biannual or annual.
The economic agents having liabilities towards the environmental Fund (regulated by the Government Emergency Ordinance no. 196/2005 on the environmental Fund) declare these liabilities directly to the Environmental Fund Administration by the submission of a statement regulated by the order in question; the submission of this statement is also required over the period for which no liability is due - zero amount being declared.