VAT registration, evaluation criteria
Order no 17/2015 establishing criteria for conditioning the registration for VAT purposes, was published into Official Gazette no 16/09.01.2015.
Order establishes the criteria based on which it is conditioned the VAT registration of commercial companies.
Order provides three cases when deciding the registration for VAT purposes.
Case 1: On establishment of the Company, taxable persons who apply for registration for VAT purposes if estimates that exceed the exemption threshold of 220,000 lei, must submit to the tax authorities the request to register for VAT purposes (form 098), during the same day with submitting, to the Trade Register, the request for registration.
Case 2: Taxable persons who optionally apply for registration for VAT purposes, after registration of the Company, even if it does not reach the threshold required to register for VAT purposes, must submit return 010.
Case 3: Taxable persons who apply for registration for VAT purposes because the registration code for VAT purposes has been canceled ex officio by the tax authorities, must submit to the tax authorities the request for registration for VAT purposes (form 099).
The criteria according to which the registration for VAT purposes is conditioned are:
– the legal entity is not prohibited to perform economic activities at the registered office and / or secondary offices nor outside them (it should file an affidavit);
– none of the taxable person administrators and/or associates that request for VAT registration and any legal entity itself, should not have made criminal tax offenses (when administrators are not fiscal registered in Romania an affidavit should be submitted);
– assessment, based on the analysis conducted by the tax authorities, of the intention and ability to perform economic activities (should file an affidavit – Return 088).
Solving the request for VAT registration is completed by the decision to approve / reject the registration for VAT purposes between a day up to 30 days from the application date.
Order applies starting 1 February 2015.
