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COVID-19: New fiscal regulations in Romania | News Flash

May 20, 2020

I. Emergency Ordinance no. 69/2020

The Emergency Ordinance no. 69/2020 for the amendment and completion of the Fiscal Code and for the establishment of several fiscal measures was published in the Official Gazette no. 393/14.05.2020.

The most significant amendments on the Ordinance are:

Income tax and related social contributions

Starting with 2021, may be granted a bonification of up to 10% of the annual income tax and social security contribution and health insurance contribution.

For the income tax payment, social security contribution and health insurance contribution representing tax liabilities for 2019, will be granted a bonification of 5% of these amounts if all liabilities are fully settled by June 30, 2020 included.

A bonification of 5% will be granted for the electronic submission of the Single Statement.

Prorogation of deadlines

The submission of the Single Statement is extended until June 30, 2020 included.

VAT

The risk analysis is performed by the competent fiscal body after the registration for VAT purposes of the companies established according to Law 31/1990.

Facilities for the payment of annual building tax or the monthly building fee

For the emergency state period from 2020, local councils may adopt decisions regarding the reduction/exemption of the annual building tax and the monthly building fee. In order to benefit of this facilities, certain conditions need to be fulfilled by the owners or users of buildings.

Cancellation of late payment charges

The following fiscal facilities are granted for all taxpayers who, as of March 31, 2020, register outstanding budgetary liabilities:

1. Cancellation of late payment charges related to outstanding budgetary liabilities as of March 31, 2020 included

This facility is granted if:

  • All main budgetary liabilities outstanding at March 31, 2020 included are settled until the date of submitting the request for late payment charges cancellation;
  • All main budgetary liabilities outstanding and late payment charges with due date between April 1, 2020 and the date of submitting the request for the late payment charges request are settled until the date of submitting the request;
  • All fiscal statements of the debtor are submitted until the date of submitting the cancellation request.

The request for cancellation of late payment charges may be submitted until December 15, 2020 included.

 2. Cancellation of late payment charges related to liabilities additionally declared by revised statement

This facility is granted if:

  • The revised statement is submitted starting with April 1, 2020 and until the date of submitting the request for cancellation of late payment charges;
  • All main obligations individualised in the revised statement are settled in full until the date of submitting the request for cancellation of late payment charges included;
  • All main budgetary liabilities outstanding and late payment charges with due date between April 1, 2020 and the date of submitting the request for the late payment charges request are settled until the date of submitting the request;
  • All fiscal statements of the debtor are submitted until the date of submitting the cancellation request.

The request for cancellation of late payment charges may be submitted until December 15, 2020 included.

3. Cancellation of late payment charges related to main obligations with due date prior to March 31, 2020 and settled in full until this date

This facility is granted if:

  • All main budgetary liabilities outstanding and late payment charges with due date between April 1, 2020 and the date of submitting the request for the late payment charges request are settled until the date of submitting the request for cancellation of late payment charge;
  • All fiscal statements of the debtor are submitted until the date of submitting the cancellation request.

The request for cancellation of late payment charges may be submitted until December 15, 2020 included.

4. Cancellation of late payment charges related to main obligations with due date prior to March 31, 2020 individualised in tax decision

This facility is granted if:

  • All differences of main budgetary obligations individualised in tax decision are settled in full according to the term provided in the decision.

The request of cancellation of late payments fees is filed within 90 days from the date of receiving the tax decision.

II. Law no. 54/ 2020

The Law no 54/2020 for the approval of the Emergency Ordinance 33/2020 regarding certain fiscal measures and amendment of some normative acts was published in the Official Gazette no. 396/15.05.2020.

A bonification of 10% of the corporate income tax due is granted for corporate income taxpayers, regardless of the declaration and payment system and micro-enterprise taxpayers, if the income tax is paid in due time, July 25, 2020 included for quarter II and October 25, 2020 included for quarter III.

III. Order no. 1926/2020

The Order no. 1926/2020 on the implementation of Decision (EU) 2020/491 of April 3, 2020 on the exemption from import duties and exemption from VAT on imports of goods needed to combat the effects of COVID-19 during 2020 was published in the Official Gazette no. 376/2020.

The list of goods that can be imported under the import duty and VAT exemption regime was approved according to Commission Decision (EU) 2020/491 of April 3, 2020, for the goods necessary to combat the effects of COVID-19. The list can be consulted in Annex 1 of the mentioned order.

Charitable or philanthropic organisations authorised by NAFA can benefit from this facility.

In order to obtain the authorisation to import goods under the exemption from import duties and VAT, the organisations should submit an application to the competent fiscal body according to the model provided in this order.

Within a maximum of 3 working days, the applicant is notified of the decision on the approval of the authorisation to carry out the activity of import of goods under the exemption from payment of import duties and VAT.

The decision is granted to the person who meets the following conditions:

  1. Is a charitable or philanthropic organisation;
  2. Does not appear on the date of submission of the application with outstanding fiscal obligations administered by the National Agency for Fiscal Administration, according to Law no. 207/2015 on the Fiscal Procedure Code, with subsequent amendments and completions, as well as other individualised budget receivables in enforceable titles issued according to the law and existing in the records of the central fiscal body for recovery;
  3. Declares that it meets the conditions laid down in Decision 2020/491 for the application of the exemption.

The decision thus obtained is presented in original to the customs authority.

Persons who, prior to the entry into force of this order, complied with its provisions and who did not benefit from the exemption at the time of importation may request reimbursement of import duties and VAT to the competent customs authorities, in accordance with legal regulations.

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