The present Ordinance introduces a series of amendments which mainly target the following specific aspects:
Amendments and completions regarding the Fiscal Code
The provisions applicable to the companies subject to corporate income tax and to microenterprises in respect of the deduction of expenses incurred with sponsorships/ patronage/ private scholarships are amended, in order to be aligned with the provisions of Law no. 322/2021. Such Law introduced the possibility to redirect from the corporate income tax / microenterprise tax the reported sponsorship/ patronage amounts, within a period of maximum six months starting from the date of submission of the annual corporate income tax return, respectively the tax return submitted for quarter IV for microenterprise tax.
It is provided that the deadline for the annual corporate income tax return submitted by the leader of the fiscal group will be on the 25th of June of the following year/ the 25th of the sixth month starting from the date the amended fiscal year is closed, in case at least one member of the fiscal group is subject to the provisions of G.E.O. no. 153/2020 regarding the establishment of measures to stimulate the maintenance/growth of equity.
It is introduced the obligation at the level of public notaries to report transactions under the non-taxable threshold of 450.000 lei resulting from the transfer of proprietorship rights.
Amendments and completions regarding the Fiscal Procedure Code
The Ordinance provides an extension of the deadline for the settlement of the request for the anticipated individual tax ruling from three (3) to six (6) months and the takeover of the activity related to the issuance of the anticipated individual tax ruling by the Ministry of Public Finances.
New obligations are introduced at the level of entities performing transactions via on-line platforms to periodically provide information to the fiscal authorities – the nature of the information, its periodicity, as well as the model of the declaration will be approved by means of a NAFA Order.
The obligation to submit tax returns in case of entities having their activities suspended or which are registered with temporary inactivity before the Trade Register is eliminated. This exemption will cease at the date when the activity is reinitiated or, as the case may be, in three years after the date the suspension/ inactivity was registered.
Debtors under insolvency procedure will be able to benefit from the possibility to request the payment rescheduling, stipulated by the Fiscal Procedure Code, provided that they are no longer under the insolvency procedure by the time the decision to reschedule the payment is issued.
Other important amendments
Legal entities subject to specific tax will be exempted from the payment of tax for the fiscal year 2022, for a period of 180 days (the period will be computed starting from the date when the Ordinance enters into force, respectively February 3rd 2022).
The deadline imposing the obligation of taxpayers performing supplies of goods/services through commercial vending machines to have electronic fiscal cash registers for such equipment is extended until 31st of December 2022.
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