Law no. 275/2017 for the approval of Government Ordinance no. 23/2017 on split VAT was published in the Official Gazette no. 1036/28.12.2017.
Companies have to apply the split VAT system if are subject to one of the following:
- 31 on December 2017 have overdue VAT obligations, higher than 15,000 lei for large taxpayers, 10,000 lei for medium taxpayers, 5,000 lei for the remaining taxpayers, if these obligations are not paid up to date 31 January 2018;
- starting 1 January 2018, if they records overdue debts, not repaid within 60 working days from maturity, over 15,000 lei, 10,000 lei, 5,000 lei depending on the category of taxpayer.
- are subject to insolvency law.
Companies that have had overdue VAT debts or who have been in insolvency may abandon the application of the VAT split system after a minimum period of 6 months from the date when they are no longer in the respective situation by submitting a notification to the competent fiscal authority.
Taxable persons registered for VAT purposes, with the exception of public institutions, are required to pay the VAT equivalent of the purchases of goods and services in a VAT account of the supplier applying the VAT split system.
Exceptions are made where: the payment is not made directly by the beneficiary to the supplier / provider, the payment is made in kind or by compensation, as well as in case of financing provided by credit institutions and non-bank financial institutions by taking over the receivables.
Companies that will apply the split VAT system have the obligation that in 30 days, instead of seven days as previously provided, to pay the VAT amount from their current account to their own VAT account.
Companies that make erroneous payments will be penalized 0.06% per day of the amount paid from the day of the erroneous payment to the date of correction by paying in/from the VAT account.