Online sales – Distance sales to Romania and specific VAT implications
The distance sales are taxable in the country of destination, except some categories of products. An exemption is also applicable when the total volume of sales is below a specific yearly threshold, if the seller did not already choose to apply the general rule. The distance sales threshold for Romania is RON 118,000 (approximately EUR 25,000).
When a company estimates the threshold will be exceeded it needs to register for VAT in Romania. The registration of EU companies is done directly, without a fiscal representative.
The registration application consist of a preprinted form (Form 015) and documents to prove the entity is registered for VAT in another EU country and the entity performs activities that generates the need to register (sales reports, purchase orders from Romania, business plans, market study, invoices, contracts…).
The application and supporting documents may be submitted with currier or physically to the tax office through a representative having a dedicated Power of Attorney. All documents in foreign language must be translated in Romanian.
Once registered the company will need to comply with the following VAT related obligations:
- Prepare purchase and sales ledgers;
- Prepare and submit VAT reports until the 25th of the month following the reported one. The returns are submitted online therefore a qualified digital signature certification is needed. The VAT returns are:
a. VAT return – D300
b. Recapitulative statement for EU transactions – D 390
c. Report for sales and acquisitions on Romanian territory – D394
!!!Special note: the return 394 discloses the total monthly sales to Romanian clients identified based on their Personal Numeric Code or, if this is not available, their full address. Due to such details, the sales platform needs to be configured in order to provide the information and to be able to export complete reports in order to enable the use of IT tools in order to generate the return.
- Pay the due VAT until the 25th of the month following the relevant one.
- Issue the invoices according to the Romanian rules. The invoices should indicate the taxable basis and the amount in RON and can be issued in any language but to be translated upon specific request of the tax authorities.
The basic content of the invoices is: VAT numbers, names, personal numeric code, address, registration details of all parties, description of goods/services, pieces, amounts without VAT, VAT, total and others that will be instructed when we will be there.
