Modifications to the fiscal laws, tax on income from farming activities

Modifications to the fiscal laws, tax on income from farming activities

Emergency Government Ordinance no 40/2014 to amend certain laws, as well as regulating certain fiscal measures was published into Official Gazette no 455/23.06.2014

Main amendments:

Regulation granting installment payment

Claims established by other authorities may be rescheduled and sent to recovery to ANAF.

Fiscal authority shall release guarantees in case of taxpayer requesting warranty replacement or resizing and remaining amounts as from rescheduling are less than RON 5,000 for individuals and RON 20,000 for legal entities, respectively.

Rescheduling decision is modified, in order to include in scheduling new tax obligations:

– the main fiscal obligations set out by the tax inspection by tax decision, as well as accessories fiscal obligations having deadline for payment after the date of communication of rescheduling decision;
– differences in tax liabilities established by amending fiscal statements;
– fiscal obligations remaining unsettled after settlement of returns, etc.

Taxpayer may submit no more than two requests to amend the rescheduling decision in a year of rescheduling or, if applicable, pro-rata for a year of rescheduling calculated from the date of communication of the decision to reschedule.

GEO no 40/2014 applies to rescheduling requests pending on the date of entering into force of the ordinance (June 23 2014).

Tax on income from agricultural activities

Tax on income from agricultural activities for fiscal year 2013 due by taxpayers who have developed agricultural activities individually or in associations it is canceled in proportion to the level of calamity of agricultural production if the following conditions are met:

• tax to have been determined based on income norms;
• no insurance policies have been concluded on agricultural production;
• production have been calamitated over 30%.

The degree of calamity can be proved with minutes of damages that are prepared by local committees for emergency situations.

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