1. Regulations of Certification of Tax Declarations

    This Decision approves the regulations for the certification of taxpayers’ tax declarations.

    These regulations apply to the certification of all tax declarations of any taxpayers, whether they are individuals or legal entities, who opt for the certification by a tax consultant of the tax declarations, including the amending tax declarations, prior to submitting them to the relevant tax authority.

    Decision no. 6/2014 approving the Regulations for the certification of taxpayers’ tax declarations[1]

    [1] Published in the Official Journal, Part I no. 883 of 04/12/2014

  2. Technical Regulations for the Application of the Right of Representation in relation to the Customs Code

    This Order approves the regulations for the application of the right of representation of persons, whether directly or indirectly, in Romania.

    Order no. 3633/2014 approving the technical regulations for the application of the right of representation provided for in Regulation (EEC) no. 2.913/1992 of the Council of 12 October 1992 establishing the Community Customs Code and the Instructions for filling in boxes 2, 8, 14 and 54 of the customs declaration in particular situations arising from the type of representation[2]

    [2] Published in the Official Journal, Part I no. 882 of 04/12/2014

  3. The Establishment of the Minimum Gross Basic Salary per Country

    As of 1 January 2015, the guaranteed minimum gross basic salary per country is set at RON 975 per month for a full-time schedule of 168,667 hours on average per month in 2015, representing RON 5,781/hour.

    This decision also sets the guaranteed minimum gross basic salary per country starting from 1 July 2015 at RON 1,050 per month for a full-time schedule of 168,667 hours on average per month in 2015, representing RON 6,225/hour.

    Decision no. 1091/2014 setting the guaranteed minimum gross basic salary per country[3]

    [3] Published in the Official Journal, Part I no. 902 of 11/12/2014

  4. Amendments and Additions of the Accounting Law

    The main amendments and additions made by the legislative act are as follows:

    • Amendments concerning the accounts kept by individuals;
    • Clarifications on the person authorized to act as the Chief Financial Officer or chief accountant;
    • Clarifications on the annual financial statements and the obligations of preparation thereof;
    • Details on the obligation of the administrative bodies to ensure that the financial statements are prepared in accordance with the regulations in force;
    • Clarifications have been made in relation to the legal entities of public interest;
    • The obligations of parent companies in terms of the financial statements.

    Emergency Ordinance no. 79/2014 amending and supplementing the accounting Law no. 82/1991[4]

    [4] Published in the Official Journal, Part I no. 902 of 11/12/2014

  5. Amendments and Additions of the Tax Code

    This legislative act amends the following:

    • The establishment of the net annual income derived from independent activities;
    • Obligations for the filling out of the Tax Register by persons who derive income from independent activities;
    • Provisions on the reporting obligations for income derived from intellectual property;
    • The period for which the option to determine the net income based on an actual income system is mandatory;
    • The tax paid for income derived from the realisation of movable assets in the form of waste from the business assets;
    • The amendment of the place of provision of the services of broadcasting and television;
    • The date of the exchange rate to be used for invoices in other currencies;
    • Amendments on the cancellation of the registration for VAT purposes by the tax authorities;
    • Reporting obligations of persons who obtain the license to supply electricity in December of a calendar year;
    • The annual update of the harmonized excise duties.

    The regulations come into force on 01 January 2015, except the provisions relating to the registration for VAT purposes and the cancellation of the code of registration for VAT purposes, which come into force on 01 February 2015.

    Emergency Ordinance no. 80/2014 amending and supplementing Law no. 571/2003 on the Tax Code and other legislative acts[5]

    [5] Published in the Official Journal, Part I no. 906 of 12/12/2014

  6. The Amendment of the Structure of IBAN Codes

    This Order amends the structure of IBAN codes related to budget revenue and expenditure accounts and accounts opened with the State Treasury. The legislative act comes into force on 01 January 2015.

    Order no. 1650/2014 amending the Specifications on the structure of IBAN codes related to the budget expenditure and income accounts and the cash accounts opened with State Treasury units, approved by the Order of the Minister of Public Finance no. 1.271/2004[6]

    [6] Published in the Official Journal, Part I no. 900 of 11/12/2014

  7. The Approval of the Annual Share of Electricity produced from Renewable Sources

    For 2015 the mandatory share of electricity produced from renewable sources which benefits from the system of promotion of green certificates is 11.9% of the gross final consumption of electricity.

    Decision no. 1110/2014 approving the annual mandatory share of electricity produced from renewable sources which benefits from the system of promotion of green certificates for 2015[7]

    [7] Published in the Official Journal, Part I no. 931 of 19/12/2014

  8. The Maintenance of the EUR 65,000 Ceiling for VAT

    The ceiling of EUR 65,000 applicable to small enterprises shall be maintained until 31 December 2017.

    Decision no. 2014/931/EU of 16 December 2014[8]

    [8] Published in the Official Journal of the European Union L 365/145 of 19 December 2014

  9. Clarifications for the Application of the Reduced VAT Rate of 9%

    The legislative act establishes the types of accommodation; thus, the reduced VAT rate of 9% shall also apply to accommodation related services.

    Emergency Ordinance no. 84/2014 supplementing the Government Ordinance no. 58/1998 on the organization and pursuit of the tourist activity in Romania[9]

    [9] Published in the Official Journal, Part I no. 923 of 18/12/2014

  10. The Procedure of VAT Refund for Persons not established in the EU

    This Order clarifies the VAT refund to persons providing electronic, telecommunications, broadcasting or television services.

    Order no. 3998/2014 amending and supplementing the Order of the President of the National Agency for Fiscal Administration no. 5/2010 approving the Procedure for handling requests for refund of the VAT filed by taxable persons not registered for VAT purposes in Romania, established outside the Community[10]

    [10] Published in the Official Journal, Part I no. 942 of 23/12/2014

  11. The Approval of the Form and Content of Various Forms

    Several amendments and additions have been made to Form 230 “Application for the destination of the sum representing up to 2% of the annual tax on salaries and similar income”.

    The form is used by taxpayers to direct a percentage of the salary tax to non-profit entities.

    Order no. 4018/2014 amending the Order of the President of the National Agency for Fiscal Administration no. 52/2012 approving the form and content of various forms provided for by Title III of Law no. 571/2003 regarding the Tax Code[11]

    [11] Published in the Official Journal, Part I no. 952 of 29/12/2014

  12. The Extension of the Period of Exemption from the Declaration of Fiscal Receipts in Declaration no. 394

    This Order provides for the extension of the period of exemption from the obligation of reporting fiscal receipts under 100 Euros in the informative statement – code 394 until 31.12.2016.

    Order no. 4019/2014 on the extension of the period provided for by sub-section 1, letters a) and b), of Annex no. 2 to the Order of the President of the National Agency for Fiscal Administration no. 3.596/2011 on declaring deliveries/supplies and acquisitions carried out on national territory by persons registered for VAT purposes and approving the form and content of the informative statement regarding the deliveries/supplies and acquisitions carried out on national territory by persons registered for VAT purposes[12]

    [12] Published in the Official Journal, Part I no. 952 of 29/12/2014

  13. The Approval of the Form of Findings and Sanctions pertaining to Contraventions

    This Order approves the form “Report of findings and sanctions pertaining to contraventions” which is used by the staff with tax inspection responsibilities.

    The printing features, the method of dissemination, use and storage of the form are also approved.

    Order no. 3743/2014 approving the standard form “Report of findings and sanctions pertaining to contraventions" used by the staff with tax inspection responsibilities, commissioned by the National Agency for Fiscal Administration[13]

    [13] Published in the Official Journal, Part I no. 959 of 30/12/2014

  14. The Taxation of Gambling and Prize Revenues

    The legislative act amends inter alia the regulations on the organization and operation of gambling, and the tax treatment of revenues derived from gambling and prizes.

    These provisions take effect within 45 days from the date of publication in the Official Journal.

    Emergency Ordinance no. 92/2014 regulating certain fiscal and budget measures and amending certain legislative acts[14]

    [14] Published in the Official Journal, Part I no. 957 of 30/12/2014

  15. The Gross Average Salary Earnings

    As of 01 January 2015 the gross average salary earnings shall be RON 2,415 according to the law on the social security budget for 2015. Therefore, the ceiling of five national gross average salaries in 2015 shall be RON 12,075. Please note that this ceiling is used for:

    • Social security contribution capping in the case of salary income;
    • The maximum ceiling for persons deriving income from economic activities, who are required to file Form 600;
    • Persons deriving income from property rental who owe health insurance contributions for the income obtained up to a maximum monthly ceiling of five national gross average salaries.

    Law no. 187 – the law on the budget of State social security for 2015[15]

    [15] Published in the Official Journal, Part I no. 961 of 30/12/2014

  16. The Amendment of the Accounting Regulations

    The legislative act considers replacing the accounting regulations stipulated by the Order of the Minister of Public Finance no. 3055/2009, which is thus repealed.

    The new accounting regulations apply from 1 January 2015. As an exception, entities that have chosen a different financial year from the calendar year shall apply the new accounting regulations from the beginning of the first selected financial year, which begins subsequent to 1 January 2015.

    Order of the Minister of Public Finance no. 1802/30.12.2014 approving the accounting Regulations on individual annual financial statements and consolidated annual financial statements[16]

    [16] Published in the Official Journal, Part I no. 963 of 30/12/2014

  17. Amendments on Electronic Cash Registers

    The legislative act amends the regulations regarding the taxpayers’ obligations to use fiscal electronic cash taxes.

    Please note, among others, the following new things introduced by the legislative act:

    • In some cases exempted from the use of fiscal electronic cash registers receipts must be issued for the collection in cash related to the supplies/services rendered to the population;
    • The Ministry of Public Finance shall publish on its website the Register of authorized distributors and electronic cash registers which they sell, as well as a list of accredited units for the sale and/or servicing of such equipment, including registered service technicians, specifying their identification details;

    Within the National Agency for Fiscal Administration a national register of the installed fiscal electronic cash registers shall be introduced in electronic form. Thus:

    • NAFA shall supervise and monitor the fiscal electronic cash registers;
    • The economic operators shall ensure the remote connection of the fiscal electronic cash registers for the transmission of fiscal data to NAFA;
    • NAFA shall issue regulations for the procedure of connection of the electronic cash registers to a national computer system for supervising and monitoring the fiscal data by 01 February 2017
    • The authorization for the distributors of the new fiscal electronic cash registers shall start on 01 October 2015;
    • As of 01 January 2016 the sale of the old fiscal electronic cash registers is prohibited;

    The new electronic cash registers shall be used:

    • For large taxpayers, as of 1 April 2016;
    • For medium taxpayers, as of 1 July 2016;
    • For small taxpayers, as of 1 November 2016.

    Emergency Ordinance no. 91/2014 amending and supplementing the Government Emergency Ordinance no. 28/1999 on the obligation of economic operators to use fiscal electronic cash registers[17]

    [17] Published in the Official Journal, Part I 966 of 30/12/2014

  18. VAT on Collection

    As of 01.01.2014 the application of the VAT on collection system has become optional and one may join/exit the system under the law.

    For joining the system by choice until the 25th of January, inclusive – taxable persons who during the previous year achieved a turnover not exceeding the ceiling of RON 2,250,000 and who did not apply the system during the previous year.

    During the system one may only give up the system – by choice or by exceeding the ceiling of RON 2,250,000.

    Order no. 3884/2013 approving the form and content of Form (097) “Notice on the application/termination of the application of the VAT on collection system"[18]

    [18] Published in the Official Journal, Part I no. 10 of 08/01/2014

  19. Advance Payments of the Profit Tax

    As of 1 January 2013 taxpayers may opt to declare and pay the profit tax annually with advance payments made on a quarterly basis. The quarterly advance payments represent a quarter of the profit tax due for the previous year, updated using the consumer price index.

    The profit tax for the previous year, based on which the quarterly advance payments are determined, is the profit tax due according to the profit tax declaration without taking into account the advance payments made that year.

    Ordinance no. 30/2011 amending and supplementing Law no. 571/2003 regarding the Tax Code, and regulating certain financial and tax measures[19]

    [19] Published in the Official Journal, Part I no. 627 of 02/09/2011

Any presented information is general and is not meant to address the specific conditions of a particular individual or legal person. Although we try to provide accurate and up-to-date information, there is no warranty that such information is accurate at the time of its receipt or that it continues to be accurate. No action should be taken based on this information without relevant professional assistance following a careful examination of the circumstances that are typical of a particular state of affairs.