Legal changes

New provisions regarding the fiscal risk of companies

NAFA has regulated the sub-criteria of fiscal risk according to which taxpayers will be managed in the future. Through Order 2017/2022 NAFA details the general risk criteria specified in the Fiscal Procedure Code.

Inter-alia the main criteria are mentioned:

• failing to submit of fiscal statements (and non-payment of fiscal obligations)
• late submission of fiscal statements (and late payment of fiscal obligations);
• erroneous submission of fiscal statements;
• incorrect declaration of the rate and amount of taxes, fees and contributions.

Considering the new regulations, the importance of the correct preparation and timely submission of fiscal statements increases.

Changing the materiality thresholds for the Intrastat statement

By NIS Order 1493/2022, the Intrastat materiality thresholds based on which companies are obliged to submit a monthly statistical statement were increased.

The new Intrastat materiality thresholds will be taken into account starting from January 2023. The Intrastat materiality thresholds for the collection of statistical information on intra-community trade with goods, valid starting with next year, will be RON 1 million, both for incoming and outgoing of goods.

The Intrastat statement is submitted by the 15th of the month following the reporting month.

The law on the minimum required equipment for homes to qualify for the reduced VAT rate

The minimum necessary equipment to consider that a house/apartment is livable as such at the time of delivery to the customer are regulated by Law 301/2022.

The habitability regulation is an essential condition that allows the reduced VAT rate (5%) to apply for the purchase of housing. The new law brings clarifications regarding the phrase “inhabitable as such“, the conditions that must be met being:

• the owners have free private access to the living space, without disturbing the possession and exclusive use of the space owned by another person or family;
• the houses/apartments have access to electricity and potable water, controlled disposal of wastewater and household waste;
• the houses/apartments are made up of at least one space for rest, one space for food preparation and a sanitary unit, regardless of the existing equipment and the degree of finishing at the time of delivery.

The new provisions aim to avoid the erroneous application of the standard VAT rate.