Changes of the Norms to apply the Fiscal Code

Government Decision no. 159/2016 amending and supplementing the Methodological Norms of Law no. 227/2015 regarding the Fiscal Code, approved by Government Decision no. 1/2016, was published into Official Gazette no 208/21.03.2016

The main provisions of the Order are:

Local taxes

If the taxpayer submit to the local tax authorities a return to which an evaluation report is enclosed, the taxable value of the building is considered to be that resulting from the evaluation report, even in the event that the building was completed or acquired in the past five years preceding the reference year for individuals, or the last 3 years preceding the reference year for legal persons.

It details the provisions concerning the calculation of tax by individuals who own mixed-use buildings, to the address where a fiscal domicile is registered, where an economic activity is performed.

Income tax

Benefits such as personal use of vehicles for which expenses in share of 50% are deductible are exempt from evaluation, these benefits are not taxable at the individual level.

VAT

It is clarified the moment the VAT chargeable event occurs for rental operations, lease, concession or rental of goods when the invoice / contract does not specify the precise due for payment.

A person who sells a multi-purpose voucher without realizing the supply of goods / services in exchange for voucher, it shall be considered that the amounts cashed from the sale of the voucher does not represent the value of certain operations in the scope of the VAT.

Multi-purpose prepaid cards for which it could not be determined when credit and its destination are used are treated similarly to prepaid cards that can be used only for telecommunications services, for which the chargeable event and chargeability of VAT occurs at the time of sale card.

Invoices must include as information on the supplier / provider address also the county / district.

It is clarified the conditions that apply reverse charge for electronic devices (eg. microprocessors, mobile phones) in relation to the fact that the value of the invoice is equal to or greater than 22,500 lei.