Legislative summary – February 2018

In this issue:

  • Tax Forms
  • Income Tax and Social security contributions
  • Miscellaneous 

 

  • Tax forms

Order no. 1.209/999/180 from 2 February 2018 on approving the model, wording, filing and administration process of the “Statement regarding the payment obligations of social contributions, income tax and nominal record of insured persons” (Form 112), published in the Official Gazette no. 101/2 February 2018.

The Order refers to the Form 112, as well as its appendices. The provisions of this Order shall apply starting with the January 2018 related reporting obligations.

Order of the president of the National Agency for Tax Administration no. 223 / 26 January 2018 approving the template and content, as well as the instructions for filling-in Form (086) “Notification on the option to apply the VAT split payment mechanism”

The order approves the model and content of Form 086, as well the instructions for filling-in the Form 086. On the date of entry into force of this Order, is repealed the Order no. 2743 from 2017 from National Agency for Tax Administration.

Order of the president of the National Agency for Tax Administration no. 188 / 22 January 2018 on approving the template and content of the Form 311 “Statement regarding the collected value added tax due by the taxable persons of which the VAT ID no. was cancelled according to the article 316. para (11) a)-e),g) or h) from the Law no. 227/2015 regarding the Fiscal Code.”

There is a new section introduced for VAT payment liabilities in case of taxable persons re-registered for VAT purposes for the transactions performed during the period when the VAT ID no. was canceled and for which the VAT amount related to them was not collected.

Also, a new section was introduced related to the successors of the taxable persons which ceased their fiscal obligations related to the periods in which the taxable person was a tax payer.

Order of the president of the National Agency for Tax Administration no. 565/28 February 2018, regarding the organization and operation of the procedure for the Registry of the persons who are applying the VAT split mechanism.

And

Order of the president of the National Agency for Tax Administration no. 566/28 February 2018, on approving the template and content of some specific forms related to the administration of the Registry of the persons who are applying the VAT split mechanism and the procedure related to these specific forms.

The orders are approving the information available and how to access the Registry of the persons applying for the VAT split mechanism and also are approving the forms used to manage the above mentioned Registry.

 

  • Amendments brought to the Tax Code

Government Emergency Ordinance no. 3/8 February 2018 on various budgetary – tax measures, published in the Official Gazette no. 125/8 February 2018

The Government Emergency Ordinance brings several amendments to Law no. 227/2015 regarding the Tax Code, applicable to certain taxpayers.

The main amendments brought by the Emergency Government Ordinance are:

  • Withholding of a reduced health fund contribution, if a set of conditions are met, for the employees who benefit from income tax exemption (employees performing IT activities, research and development, seasonal workers, individuals with severe disabilities);
  • Employer’s obligation to bear the difference representing health fund and pension contributions due from its part-time employees, if their salary income is lower than the national gross minimum salary which basically, in certain conditions, represents the calculation base for such contributions.

Please refer to our Tax Alert no. 9/ February 2018 for more details.

 

  • Miscellaneous

Order no. 1453 / 2018 of the Ministry of Public Finances regarding the updated consumer price index used for updating advance payments for profits tax purposes.

The Order provides that for tax year 2018, the consumer price index used for updating the advance payments for annual profits tax is 103.1%.

Order no. 70/2018 regarding the change and completion of the Order no. 591/2017 of the Deputy Prime Minister, Minister of the Environment on approving the template and the content of the ”Statement regarding the Environment Fund liabilities” and of the filling in and submission instructions.

The Order provides that the statement regarding Environment Fund liabilities can be submitted both in hard copy version, as well as in electronic version (rectifying statements regarding Environment Fund liabilities cannot be submitted electronically).

If a taxpayer chooses to send the statement electronically, he must agree on the communication of data through an electronic communication network.

Taxpayers sending in electronic version the statements regarding the Environment fund liabilities need to register with the Environment Fund Administration.

The electronic form of the Statement regarding the Environmental Fund liabilities shall be sent to the address http://www.afm.ro.

 

Authors:

Mihaela Vasilescu – Manager, Corporate Income Tax

Stela Andrei – Senior Manager, People Advisory Services

Ramona Stefan – Manager, Indirect Tax

 

For additional information, please contact:

Alex Milcev, Partner – Head of Tax & Legal

Email: office@ro.ey.com



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