Government Emergency Ordinance no. 80/2014 for amending Law no 571/2003 regarding Fiscal Code and of other laws, was published into Official Gazette no 906/12.12.2014

The main ammendments are:

It is established as 22 December 2014 the deadline for submitting tax returns for November 2014 and their liability payment.

Income tax

Taxpayers (freelancers, liberal professions) which determine the annual income using real system are required to fill in Fiscal Register, in order to establish the net annual income. The model and content of the Fiscal Register shall be approved by the minister of public finances.

Taxpayers engaged in activities for which net income is determined based on income norms are required to complete only the part related to incomes on the Fiscal Register and do not have to keep accounting records.

VAT

As from 1 January 2015 enters into force the new rules on how to determine the place of supply for services provided electronically, telecommunications and television services.

Thus, the companies that provide services to final consumers electronically should collect VAT from the Member State in which the beneficiary is established, which is considered the place of supply of services.

The taxable person must pay the total amount of VAT due in the consumption Member States in a special account, in euro, as indicated by the competent fiscal authority, until the date due to submit special VAT declaration.

From the amounts transferred by Romanian tax authorities to each Member State of consumption, Romanian authorities retain as income to the state budget 30% during the period 1 January 2015 – 31 December 2016 and 15% during the period 1 January 2017 – 31 December 2018, respectively.

Criteria for conditioning the registration for VAT purposes were established. Taxpayers who do not justify the intention and ability to carry out economic activity will not be registered for VAT purposes.

Registration for VAT purposes of joint stock companies and limited partnership by shares will be cancelled out, when administrators or taxpayer itself have offenses in thei tax records.

For limited liability companies, cancellation of registration for VAT purposes will be done both when administrators and major associates have offenses in thei tax records.

It is redefined the notion of taxable merchant for the application of reverse charge relating to the supply of electricity.

Excises

Starting 1 January 2015 the excise duty will be expressed in lei at the same level that it was in 2014.

Starting 2016, the level so obtained is updated annually with the consumer price growth in the last 12 months, calculated in September of the previous year to the year of the application, and it is officially communicated by the National Statistics Institute until 15 October.

Shall be extended until 31 December 2015 deadline which will be applied to legislation currently in force for the taxation of oil and gas resources.