We present a summary of the most recent tax benefits introduced by Emergency Ordinance 107/2024 and the e-VAT Compliance Notification introduced by Order 6234/2024
Emergency Ordinance for the regulation of some fiscal-budgetary measures in the field of management of budget debts and budget deficit for the consolidated general budget of Romania in 2024, as well as for the amendment and completion of some normative acts
(Official Gazette no. 905 of 06.09.2024)
Emergency Ordinance no. 107/2024 introduces a series of tax facilities applicable to all categories of debtors. We have summarized below the main facilities brought by this normative act:
- The following are considered as main budgetary obligations outstanding on August 31st, 2024:
- budgetary obligations falling due on August 31st, 2024;
- principal budget obligations owed by an insolvent debtor for which the due date has fallen due up to and including August 31st, 2024;
- differences from the principal budget liabilities established by assessment decisions communicated by August 31st, 2024;
- other payment obligations arising from enforceable titles issued until August 31st, 2024.
- The following are not considered outstanding budgetary obligations on August 31st, 2024:
- budgetary obligations for which payment deferrals have been granted and are in progress on August 31st, 2024 inclusive
- payment obligations established through administrative acts and whose execution are suspended on August 31st, 2024 inclusive
- The interest, penalties and all accessory charges related to the principal budgetary obligations outstanding on August 31st, 2024 may be canceled if the following conditions are cumulatively met:
- a) the principal budgetary obligations outstanding on August 31st, 2024 are extinguished in accordance with the Fiscal Procedure Code, until the request for cancellation of the accessory amounts is filed, but no later than November 25th, 2024;
- b) the principal and accessory budgetary obligations falling due between September 1st, 2024 and the date of the request for cancellation, but not later than November 25th, 2024, are extinguished in accordance with the Fiscal Procedure Code;
- c) the debtor has filed all tax returns according to the tax vector up to the date of the request for annulment, inclusive. The condition is considered fulfilled if the tax liabilities have been established by decision of the central tax authority;
- d) the request for cancellation of the accessories must be submitted after the above conditions have been met, until November 25th, 2024, under penalty of forfeiture.
- Taxpayers with payment obligations established through administrative acts whose execution is suspended and who waive the effects of the suspension of the fiscal administrative act may benefit from the annulment of interest, penalties and all accessories related to the outstanding main budgetary obligations.
- The interest, penalties and other accessories related to the differences of principal budgetary obligations additionally declared by means of amending declarations, with due dates prior to August 31st, 2024, may be canceled if the following conditions are cumulatively met:
- a) the amending declaration is filed between September 1st, 2024 and the date of the request for cancellation of the accessorial charges, but not later than November 25th, 2024;
- b) the main budgetary obligations of the amending declaration are extinguished in accordance with the Fiscal Procedure Code until the filing of the request for annulment of the accessory elements, but not later than November 25th, 2024;
- c) the conditions related to the filing of the request for cancellation of the accessions are fulfilled.
- Interests, penalties and other accessories related to principal budgetary obligations falling due prior to August 31st, 2024 and extinguished by that date may be canceled if the cumulative conditions presented above are met. Also, taxpayers that received tax assessment decisions issued as a result of an ongoing tax audit, as well as taxpayers who benefit from a deferred payment at the date of entry into force of the Ordinance or who obtain the deferred payment in the period between the date of entry into force of the Ordinance and November 25th, 2024, may benefit from the cancellation of the accessorial payments, under certain conditions mentioned in this Order.
- Debtors wishing to cancel accessory budgetary obligations may notify the tax authority until the submission of the request for cancellation of the accessory obligations, but no later than November 25th, 2024, under penalty of forfeiture.
- The taxpayer’s request for the cancellation of the accessions is resolved by a decision to cancel the accessions or by a decision to reject the request for the cancellation of the accessions.
- The debtor may benefit from the annulment of the accessory items in any of the situations mentioned above, independently or cumulatively, if the conditions for granting the annulment are met.
- Natural persons with outstanding principal budgetary obligations up to August 31st, 2024 inclusive, of less than RON 5,000 inclusive, may benefit from:
- a) cancellation of 50% of the principal budget obligations outstanding on August 31st, 2024 inclusive, if they are extinguished to the extent of 50% by the date of submission of the request for cancellation but not later than November 25th, 2024;
- b) the cancellation of interest, penalties and all ancillary charges relating to the principal budget obligations outstanding on August 31st, 2024 inclusive.
- Individuals with principal budgetary obligations outstanding up to and including August 31st, 2024, of over RON 5,000, may benefit from:
- a) cancellation of 25% of the principal budget obligations outstanding on August 31st, 2024 inclusive, if they are 75% discharged by the date of submission of the request for cancellation but not later than November 25th, 2024;
- b) the cancellation of interest, penalties and all ancillary charges relating to the principal budget obligations outstanding on August 31st, 2024 inclusive
- The above facilities do not apply to:
- outstanding budgetary obligations which are the subject of ongoing criminal proceedings in progress on the date of entry into force of this Ordinance or starting after that date; outstanding budgetary obligations established by final criminal judgments; outstanding budgetary obligations representing prejudices such as: non-payment of certain taxes, bad faith assessment of taxes, duties, contributions resulting in obtaining, without right, reimbursements or refunds, etc.
- Payers of corporate income tax / tax on micro-enterprise income benefit from a 3% rebate from the annual corporate tax / tax on micro-enterprise income which can be used to offset other tax liabilities, if:
- they have filed all returns / declarataions on time
- they have paid the annual corporate income tax / micro-enterprise income tax in full and on time
- they have no outstanding tax liabilities
Order 6234 for the approval of the model and content of the form “e-VAT compliance notification”, as well as the procedure for submitting the notification
(Official Gazette no. 887 of 03.09.2024)
Order 6234 approves the model and content of the RO e-TVA Compliance Notification. We have summarized below the main changes and additions made by this normative act:
- Within the RO e-TVA system, the values entered by the taxpayer in the VAT return are compared with those in the RO e-TVA Prefilled return, corresponding to the rows related to Supplies of goods and services, taxable at 19%, 9% and 5% (i.e., rows 9, 10 and 11)
- Starting with January 1st, 2025, taxpayers registered for VAT purposes shall transmit within 20 days from receipt of the notification the result of the verification
- As from August 1st, 2025, taxpayers registered for VAT purposes applying the VAT input VAT system shall transmit within 20 days from receipt of the notification the results of the verifications
The e-VAT RO compliance notification does not constitute a tax administrative act. * *
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For additional details regarding the above, you can contact any member of the Taxhouse team or you can send us an e-mail at office@taxhouse.ro.
