Ordinances amending the Tax Code and the Tax Procedure Code

modificari codul fiscal 2021

Ordinances amending the Tax Code and the Tax Procedure Code

Inter-alia the main amendments to the Tax Code, include the following:

  • The beginning of the taxable period in the case of foreign legal entities resident in Romania takes place together with the moment of registration at the fiscal organ of the place of effective management in Romania;
  • Clarifications on the tax regime for dividends received by legal entities in EU Member States by transposing Directive 2011/96 / EU. The clarifications are also applicable to those who pay, in accordance with the tax legislation of a Member State, other forms of tax alternative to the profit tax in the category of those provided in the ordinance;
  • Increase of the percentage regarding the fiscal adjustments for the depreciation of receivables from 30% at the level of 50%;
  • The tax for dividends distributed, but not paid in the year of distribution, will be paid until January 25 of the year following the distribution, including for dividends distributed in advance;
  • The facility regarding the level of equity is being prolonged;
  • Clarification on the possibility for the resident employer to compute, withhold and pay contributions in the case of individuals who obtain income representing advantages in cash and / or in kind from non-resident third parties;
  • Simplification of the method of computing the building tax, in the case of mixed-use buildings owned by individuals, eliminating the current condition regarding the deduction of utility expenses (the area used for non-residential purposes will be indicated by an affidavit).

 

Inter-alia the main amendments to the Tax Procedure Code, include the following:

  • Introduction of the SAF-T reporting standard file in the national legislation;
  • Approval the legal provisions to achieve communication between NAFA and other authorities exclusively by electronic means;
  • Mandatory enrollment in virtual private space (VPS) natural persons who have the obligation to submit the Unique Declaration starting to March 2022;
  • Correction of fiscal declarations if, by a final court decision, measures are ordered that also involve changes in taxes related to tax receivables and periods for which the reservation right of subsequent verification has been canceled;
  • The possibility of redoing the fiscal inspection by the same inspection team that concluded the abolished act;
  • The transfers made erroneously will be corrected by keeping the date of payment and, depending on the date of payment, the benefit granted by the legislator regarding the payment of 50% of the minimum legal fine will be kept;
  • Extending the VAT refund procedure with subsequent control to all taxpayers, with some exceptions established by law;
  • Extending the fiscal amnesty for new categories of debtors;
  • In the administrative and judicial means of appeal, the fiscal authority as the obligation to provide a copy or a link to ensure access to the electronic version of the standard fiscal control file;
  • Clarifications regarding the situations in which the taxable persons present a risk of undue refund of VAT;
  • The enforcement procedure does not start for the amounts that are subject to the payment rescheduling of the tax calculated from the date of communication of the payment rescheduling decision;
  • Granting a grace period of 15 days for the payment of tax obligations in case the court decision by which the taxpayer’s appeal was rejected remains final. The letters of guarantee or the guarantee insurance policies submitted are executed after this term so that the debtor can pay voluntarily (the execution of the letters of guarantee by the authorities involves costs for the debtor).

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