Statement on own responsibility concerning the evaluation of the intention and capacity to perform economic activities which involve operations in the field of VAT

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Order no. 2048/2016 for amending Order no. 3.841/2015 of ANAF  President regarding the approval of the model and content of the form (088) ,,Statement on own responsibility concerning the evaluation of the intention and capacity to perform economic activities which involve operations in the field of VAT”, was published into Official Gazette no 533/15.07.2016

The main provisions of the Order are:

ØThe Order enters into force on 30 July 2016.

ØThe number of questions has been reduced from 20 to 12 and the number of annexes from 11 to 4.

ØForm 088 is filed in on initial registration for VAT purposes when information about associates/administrators are required and subsequently at the tax authorities request, when the company is risky from a fiscal point of view.

ØThe Form will not be filed anymore when a company changes its registered office or administrators and/or associates, if tax authorities do not require submission of the Form.

 

Mandatory Appendices

  • documents justifying specific type of activity performed on/off head office/professional office and on secondary locations (for example: authorizations, licenses, etc.);
  • documents attesting visa type and purpose of the stay in Romania (passport, residence permit, etc.);
  • copy service contract concluded between the service provider in the accounting field and the taxable person;
  • copy of the service contract concluded between the provider of service and the taxable person who makes available qualified personnel;
  • if the Form 088 is submitted by a proxy, empowerment shall be attached.

New questions introduced in the Form

1.Specify if you own assets to perform main object of activity (assets type and amount);

2.Specify whether you perform or intend to perform in the next 12 months:

  1. a) intra-Community transactions;
  2. b) purchases of goods / services outside the EU and / or deliveries of goods / provision of services outside the EU   (import / export)