Amendments of tax legislation - November 2024

Amendments of tax legislation – November 2024

11/21/2024 Tax amendments

We present a summary of the main amendments and additions to some normative acts with an impact on the fiscal sphere, published during November 2024.

Emergency Ordinance no. 128/2024 for amending and supplementing Law 227/2015 on the Fiscal Code and specific measures for digitization, as well as for amending and supplementing some normative acts

(Official Gazette no.1125 of 11.11.2024)

GEO 128/2024 brings amendments and additions to the Fiscal Code, as follows:

Starting with 1st of January 2025, the obligation to submit the Estimated Tax Return is eliminated for taxpayers who carry out activity individually or in a form of association without legal personality.
NAFA will send taxpayers the pre-filled Personal Tax Return starting with the income obtained for 2025.
When verifying the income embedded in the annual thresholds and determining the annual taxable base for social security contribution and social health insurance contribution, the value of the minimum gross salary which will be considered is the one in force on 1st of January of the year in which the income is obtained and the related contributions are computed.

Decision no. 1393 for amending and supplementing the Methodological Norms for the application of Law no. 227/2015 on the Fiscal Code, approved by Government Decision no. 1/2016

(Official Gazette no. 1125 of 11.11.2024)

Decision no. 1393 introduces a series of clarifications and amendments to the Methodological Norms for the application of the Fiscal Code, among which we mention:

Corporate Income Tax/Minimum Turnover Tax – A new section is introduced regarding the application of the provisions on the minimum tax, as well as some examples of calculation for determining the minimum turnover tax and the corporate tax for comparison purposes with the minimum turnover tax, including within the corporate tax groups.
Minimum turnover tax – Clarifies that the corporate income tax determined at the level of the minimum turnover tax represents corporate income tax for the application of double taxation conventions.
Micro-enterprises – Clarifications are made regarding the definition of micro-enterprise, the rules for applying the micro-enterprise income tax system, and the taxable base.
Excise duties – Authorized warehouses may also carry out production activities of products intended for inhalation without combustion, containing tobacco substitutes, with or without nicotine, under tariff classification CN 2404 12 00, 2404 19 10, including those contained in refills delivered together with electronic cigarettes and other similar personal electric vaping devices of CN code 8543 40 00 (products subject to non-harmonised excise duties). The intention to carry out such activities must be notified in writing to the territorial customs authority together with the procedure handbook corresponding to the products they intend to carry out in the production tax warehouse they own.

Law No 280/2024 amending and supplementing Law No 227/2015 on the Fiscal Code

(Official Gazette no.1183 of 21.11.2024)

Law 280/2024 brings several amendments to the Tax Code, among which we mention:

A new title was introduced in the Fiscal Code – Title II: Additional Tax, which will regulate the rules for determining the Additional Tax for credit institutions – Romanian legal entities and Romanian branches of credit institutions – foreign legal entities, respectively the Additional Tax for legal entities operating in the oil and gas sectors.
The main change introduced by these regulations consists in the fact that the additional tax for legal entities performing activities in the oil and natural gas sectors will be levied on Romanian or foreign legal entities that individually or in a form of association supply goods or services on the territory of Romania performing activities in the oil and natural gas sectors regardless of the level of turnover obtained in the previous year (currently, this additional tax is due by legal entities that obtained in the previous year a turnover of over 50 million euros).

Emergency Ordinance no. 132/2024 for amending and supplementing Law no. 227/2015 on the Fiscal Code and for supplementing Law no. 207/2015 on the Fiscal Procedure Code, as well as for amending and supplementing some normative acts

(Official Gazette no. 1169 of 22.11.2024)

Amendments to the Fiscal Code, the Fiscal Procedure Code, and other normative acts with incidence in the fiscal sphere:

Excise duties – The table on the excise duty rates for the years 2025 and 2026 for wines, fermented beverages other than beer and wines, intermediate products, and ethyl alcohol has been updated.
Fiscal Procedure Code – The tax authorities have the obligation to register non-residents without a tax registration code upon the request of a public notary, when fulfilling their duties provided by law.
GEO 107/2024 – To apply for tax relief, the deadline was extended until 19th of December 2024 for the submission of the cancellation requests regarding the late payment charges and for the payment of the principal outstanding tax liabilities. The deadline for filing notifications on the intention to benefit from the tax relief was still 25th of November 2024.

Emergency Ordinance no. 129/2024 on the amendment and completion of the Government Emergency Ordinance no. 41/2022 for the establishment of the National System for the monitoring of road transport of goods RO e-Transport

(Official Gazette no. 1126 of 12.11.2024)

Amendments to GEO 41/2022 on the National RO e-Transport System:

It is introduced the possibility to modify certain data declared after the expiry of the validity period of the UIT code, until the 25th of the month following the one in which the transport of goods was completed.
The following amendments are made regarding the penalties:

The application of fines is prolonged until 31st of March 2025 in certain cases (e.g., non-compliance by the transport operator with its obligations, non-compliance with the obligation to update the identification details of the road transport vehicle whenever they change during the validity period of the UIT code).
The penalty of seizing the value of the undeclared goods is removed. However, starting with 21st of November 2024, for committing two to four contraventions for breaching certain reporting obligations in the RO e-Transport system within a period of 12 months from the first deed, a complementary penalty is applied consisting of seizure of 15% to 100% of the value of the undeclared goods.
The seizure as a complementary penalty does not apply in cases of findings resulting from checks after the completion of the road transport of goods, when they have been booked in the supporting documents underlying the accounting records, as well as in the users’ accounting records during the period to which the respective operations refer.

Order of the Minister of Finance no. 8438/2024 for amending and supplementing the Procedure for cancellation of some budgetary obligations, approved by the Order of the Minister of Finance no. 21/2023

(Official Gazette no. 1098 of 04.11.2024)

By OMF no. 8438/2024, amendments and additions are made to the Procedure for cancellation of some outstanding budgetary obligations, among which we mention:

The main budgetary obligations individualized in tax decisions issued as a result of a tax audit in progress on 6th of September 2024 or the ex officio decisions for taxation of individuals’ income for the years 2019 and 2020 and which have been fully settled are refunded according to the Fiscal Procedure Code.
Amendments regarding the cancellation of a percentage of the main budgetary obligations owed by individual debtors, concerning:
- Clarifications regarding the threshold of 5,000 lei.
- The payment method and the distribution/settlement of the obligations in the event of their payment by the debtor.
- The updated percentage of the obligations that debtors must pay in the event that new tax obligations arise between the issuance date of the tax certificate and the date of submission of the cancellation request on 25th of November 2024.
- The refund of the amounts that cleared, after the date of entry into force of GEO 107/2024, 50%, respectively 25%, of the outstanding budgetary obligations on 31st of August 2024 (inclusive), of those established by ex officio tax decisions for the income of individuals for the years 2019 and 2020 or by tax decisions issued as a result of a tax audit in progress on 6th of September 2024, as well as from interest, penalties, and all accessories that can be canceled.
Inclusion of the decisions attracting joint and several liability issued by the tax authorities after 31st of August 2024, for fiscal periods up to 31st of August 2024, in the scope of the main outstanding budgetary obligations within the meaning of GEO 107/2024.
Amendments regarding the cancellation of budgetary obligations in cases of persons for whom liability was incurred according to the insolvency legislation.
The tax authorities can prepare the documents for the cancellation of some budgetary obligations on paper if they cannot be generated electronically, and the record of these obligations will be updated through the IT application based on the cancellation decisions approved by the head of the tax office and communicated to the debtors.

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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.