Law no 209/2015 on the cancellation of certain tax obligations, was published into Official Gazette no 540/20.07.2015

The main provisions of the Law are:

The Law cancels main tax liabilities as well as related interest and penalties set by the tax authorities by tax decision issued and communicated to the taxpayer:

– as a result of reconsideration / reclassifying of an activity as dependent on fiscal periods before 1 July 2015 and outstanding on the entry into force of this law;
– as a result of the reclassifying the allowances received by employees during assignments and secondments outside Romania.

Reclassification of these tax liabilities can not be achieved for periods prior to 1 July 2015.

Value added tax differences and related interest and penalties imposed by the tax authorities on the income from intellectual property rights, by a decision issued and communicated to the taxpayer, as a result of exceeding the threshold for registering as a VAT payer, and not registering for VAT purpose, have been cancelled.

Tax Authority shall not issue a decision for above tax and related penalties for periods prior to 1 July 2015.

If the taxpayer has exercised the right to deduct VAT in the first VAT return submitted after the decision have been issued, only penalties and interest will be canceled.

The law applies to periods prior to 1 July 2015 and not paid until the entry into force of the Law.

The health insurance contribution and related interest and penalties established by tax decision issued and communicated to the taxpayer, due by taxpayers whose monthly basis for the calculation of social security contributions is lower than the national minimum gross salary, and for individuals who do not derive incomes, for the fiscal periods between 1 January 2012 and 30 June 2015 and outstanding on the entry into force of this law, are cancelled.

Above mentioned tax liabilities cancelation is made ex officio by the competent tax authority by issuing a decision to cancel the tax liabilites that is communicated to the taxpayer.

The Law has entered into force on 23 July 2015.