Law no. 72/2018 regarding the approval of Government Ordinance no. 25/2017 for amending Law no. 227/2015 regarding the Fiscal Code was published in the Official Gazette no. 260/23.03.2018.
Taxable persons established before 2018 have the obligation to apply for VAT registration purposes if they exceed the 220,000 lei threshold for the period between 1 January 2018 and 1 April 2018 (the reference period).
Taxable persons set up during the reference period have the obligation to apply for VAT registration purposes if they exceed the threshold of 220,000 lei during the reference period.
If they did not exceed this threshold, taxable persons set up before 2018 and those set up during the reference period must apply for VAT registration if they exceed the 300,000 lei threshold by 31 December 2018. When determining the 300,000 lei threshold, the turnover achieved during the reference period is also taken into account.
Taxable persons established starting 1 April 2018 are required to apply for VAT registration purposes if they exceed the 300,000 lei threshold from the establishment until 31 December 2018.
Taxable persons who have been registered for VAT purposes during the reference period as a result of having exceeded the exemption threshold may apply, starting with April 1, for removal from the records of persons registered for VAT purposes in order to apply the special exemption regime, provided that at the date of the application the threshold of 300,000 lei has not been exceeded.
Taxable persons registered for VAT purposes before 2018 may request removal from the records of persons registered for VAT purposes after 1 April 2018 if they have not exceeded the exemption threshold of 220,000 lei from the previous year, i.e. 2017, and if until date the request for removal from the VAT records did not exceed the 300,000 lei threshold.
Assignment of receivables
In the case of assigned receivables, the net loss representing the difference between the selling price and the value of the assigned receivable is deductible up to a limit of 30% of the amount of that loss. If the assignor assigns the receivables, the net loss is determined as the difference between the sale price and the acquisition cost of the receivables. In the case of credit institutions, if the assigned receivables are partially or fully covered with expected loss adjustments and if the receivables are removed off balance sheet and then sold, 70% of the difference between the value the assigned receivable and the selling price is similar to income.
This last provision enters into force today, March 26, except for the other VAT related provisions which enter into force on 1 April 2018.