The Procedure the apply the tax amnesty for interest and penalties

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Order no 3831/2015 approving the Procedure for the application of the provisions of OUG no. 44/2015 on granting of certain tax incentives, was published into Official Gazette no 874/23.11.2015

In our newsletter no 24 from 23 October 2015 we presented the main conditions to be fulfilled in order to benefit from the tax incentives granted by OUG no. 44/2015.

Order no. 3831/2015 provides the procedure for granting of tax incentives.

Taxpayers apply for receiving cancelation of late payment interest and penalties obligations by submitting a notification to the competent tax authority.

Notification shall be settled no later than 5 working days from the date of registration.

Based on the notification, the tax authority issue and communicate:

  • to the taxpayer: the decision to postpone the late payment interest and penalties obligations;
  • to credit institutions or to other relevant third parties: addresses of temporary suspension, total or partial foreclosure.

Filing the notice has the effect:

  • non-starting or suspension of the enforcement procedure;
  • non-settlement until the application for cancelling of late payment interest and penalties is resolved or until 30 June 2016 including, if the application is not submitted.

Cancellation of late payment interest and penalties obligations are required by taxpayers, including those who notified the tax authorities, based on an application for cancelling late payment interest and penalties obligations submitted to the competent tax authority.

The application to cancel the late payment interest and penalties obligations is settled within 5 working days from the fulfillment of payment of the interest balance of 45.8%.

Based on the request for cancellation of the accessories, tax authority examines the fulfillment of conditions laid down by GEO no. 44/2015 and issue the decision to cancel the late payment interest and penalties obligations.

The procedure for granting the cancellation of payment for taxpayers benefiting from rescheduling of late payment obligations is also provided by the Order.

At the request of taxpayers, relevant tax authority has an obligation to clarify any discrepancies between their records and taxpayers’ records, and will prepare agreement minute.