Modifications of the Fiscal Code
ü The employee has the obligation to declare to each employer the place where the former exercises the position he considers to be the base;
ü It was introduced the obligation to register the contracts signed with nonresident persons including for the natural persons or for the permanent headquarters which benefit from the services supplied by nonresidents;
ü Modifications regarding the payment of the profit tax :
Starting with the tax owed for the year 2012, the tax will be calculated and paid quarterly for the quarters I – III, until the 25th of the month following the quarter, and the completion of the tax corresponding to the respective fiscal year will be made until March the 25th the following year. This means that for the IV quarter no other payment will be declared and paid.
Starting with January 1st 2013, the contributors may choose to pay the profit tax annually (the option is compulsory for 2 consecutive years and is exercised until January 31st of the year for which it is applied).
Those who calculate the profit tax annually will pay in anticipation, each quarter, a fourth of the tax owed for the previous year updated with the index of the consumption prices estimated at the budget forecast (the index will be published annually in the O.G. until April 15th the latest).
In the case in which in the first year of application of the option a fiscal loss is recorded, for the 2nd year the anticipated payments are calculated based on the accounting profit obtained in the respective period.
The contributors who, in the previous year, were in any of the following situations cannot choose the annual payment of the tax:
The profit tax owed for the year 2011 is declared and paid according to the former provisions, that is until the latest on April 25th 2012 or, as the case may be, until the latest on February the 25th 2012 in the case in which the completion of the financial year until that date is chosen.
ü Provisions are introduced regarding the calculation and declaration of the profit tax by the associations with legal personality constituted between nonresidents natural or legal persons as well as between nonresidents and residents; in the case in which a Romanian legal person is also part of the association, the former has the obligation to calculate and declare the profit tax from association in Romania.
ü The quarterly submission of the 112 declaration by certain categories of entities
The quarterly submission means that the 112 declarations will be submitted until the 25th day of the month following the 3rd quarter – that is one declaration drafted for each month of the respective quarter; the quarterly submission of the declarations is compulsory however, these categories of persons may choose to submit the declarations monthly. The option has to be submitted until the latest on January 31st of the year for which it is applied.
These provisions apply starting with the incomes corresponding to the month of October of the year 2011. In this case, if it is desired that the declaration is submitted monthly, the option has to be submitted until the latest on September 25th 2011.
In the case in which the declaration is submitted quarterly, both the income tax and the social insurance contributions will also be paid quarterly.
The following entities which in the previous year had an average number of up to 3 employees exclusively have the obligation to submit the 112 declaration quarterly:
The average number is calculated as the arithmetic average of the number of employees from the declarations submitted for each month of the previous year.
In the case in which the entity submits the 112 declaration quarterly and, during one quarter the employment contract of one employee is terminated, 112 declaration will be submitted until the 25th of the month following that in which the employment contract was terminated.
If for example the contract is terminated in the month of April, for April will be submitted the 112 declaration until May the 25th and for the months of May and June the 112 declarations will be submitted until July the 25th.
ü The conditions according to which a natural person is considered resident in Romania were changed, being compelled to pay the income tax in Romania for the incomes obtained by the latter from Romania and from other states.
Thus, the persons having their vital interests center in Romania or the persons who have been present in Romania for a period or several periods exceeding a total of 183 days, during any interval of 12 consecutive calendar months, which end in the respective calendar year will be considered resident from the point of view of the taxation of all the incomes obtained. Starting with the calendar year following that in which one of those two conditions was fulfilled, these persons will have the obligation to pay in Romania a tax on the incomes obtained from any source, both from Romania and outside Romania.
Previously, they became residents and had to pay tax in Romania for all the incomes obtained abroad only after having fulfilled for three years one of the two previously mentioned conditions.
As an exception, the natural persons who are resident in states with which Romania has concluded a convention for the avoidance of the double taxation will not owe in Romania an income tax for the incomes obtained abroad, even if these persons fulfill one of the two residence conditions mentioned previously. In order that his/her incomes obtained abroad are not subject to tax, the natural person has to have a certificate of fiscal residence.
The Romanian resident natural person, with the domicile in Romania, who proves having changed his/her residence in a state with which Romania does not have concluded a convention for the avoidance of the double taxation, continues to have the obligation to pay the tax on the incomes obtained from any source, both in Romania and outside Romania, for the calendar year in which the change of residency takes place as well as in the following 3 calendar years.
ü The calculation base on which the tax retained at source of 10% is calculated was changed; thus, for the incomes from independent activities for which the payer has the obligation to retain the tax of 10%, the tax retained will be calculated on the gross incomes minus the compulsory social contributions paid.
In this category enter the incomes from copyrights and other intellectual property rights, the incomes from civil conventions / contracts concluded according to the Civil Code, the incomes from the accounting and technical, legal and extra-legal expertise. Pay attention that this provision only applies in the case in which the retained tax is 10%. In the case in which the beneficiary of the income chooses the final taxation, the amount of 16% which has to be retained by the payer applies to the gross income, without this taxation being reduced also with the compulsory social contributions paid.
ü The fiscal forms were eliminated, being replaced with a new declaration regarding the calculation and retaining of the tax on each beneficiary of the income (most likely this form will be something similar with the 205 declaration).
However, at the request of the contributor, the tax payer has the obligation to issue to the former a document stating the identification data of the contributor, the income obtained during the year, the personal deductions given, the calculated and retained tax. This document does not represent a standardized form.
These provisions will be applied for the incomes obtained starting with January 1st 2012. For the year 2011 the fiscal forms will continue to be submitted until the last day of February.
ü The submission deadline of the annual declaration of obtained income changed, the new submission deadline being May 25th of the year following that in which the incomes were obtained (this refers to the declaration which has to be submitted for the incomes from independent activities, incomes from assignment of the use of property and incomes from the transfer of securities, other than social shares and currency sale-purchase operations at term, based on contract). Previously the submission deadline was May 15th.
Also until May 25th the natural persons who obtain income from abroad will also submit the declaration of income obtained.
ü The deadline for the submission of the 205 declaration was changed – The payers of incomes with retaining at source of the taxes have the obligation to submit a statement regarding the calculation and retention of the tax for each beneficiary of income at the competent tax authority, until the last day of February of the current year for the expired year. Practically the 205 declaration will be submitted until the last day of February by all the payers of incomes with retaining at source, irrespective if the retained tax is 10% or 16%.
ü The declaration regarding the calculated and retained tax for each beneficiary of income will have to be submitted until the last day of February for the previous year; previously the submission deadline was June 30th.
ü The incomes obtained by nonresident natural persons following their participation in another state to gambling, whose funds or gains come from Romania are exempted from tax.
ü The obligation to collect VAT each year for the provision of services which determine discounts or successive payments was eliminated, such as the constructions-installation services, consultancy, research, expertise, and other similar services for which no work situations were issued at least once a year. Thus, according to the modifications, the services will be considered performed only on the date when the works situations, the work reports or other similar documents as the case may be will be issued, according to the contract provisions, on the date of their acceptance by the beneficiaries, even if the discounting period exceeds one year.
ü The submission deadline for the recapitulative declaration (form 390) was changed regarding the intra-community acquisitions / supplies of goods and intra-community provisions of services; thus, the declaration will be submitted until the 25th of the month following the one in which the VAT became contingent. Subsequently this declaration was submitted until the date of 15th of the following month; these provisions will be applied starting with the declarations corresponding to the month of August 2011.
ü It was increased the limit in which the local council or the general council may establish the tax for the buildings that were not reevaluated. Thus, for the buildings that were not reevaluated in the last 3 years, prior to the fiscal year of reference, the tax can be established between 10% and 20% and for the buildings that were not reevaluated in the last 5 years the tax can be established between 30% and 40%. Previously the tax could be established between 5% and 10% for the buildings that were not reevaluated in the last 3 years.
ü For the buildings with tourist destination that do not operate during a calendar year the amount of the tax is at least 5% of the inventory value of the building, being established by the decision of the local council. By exception, this provision does not apply to the structures having a building authorization in the validity period, if they started the works within no more than 3 months from the date of issue of the building authorization.
ü The tax on buildings and the tax on their lands are reduced with 50% for those buildings situated on the seaside of the Black Sea held by legal persons and which are used for the supply of tourism services for a duration of minimum 6 months in a calendar year;
ü It was abrogated the provision according to which the natural persons having in their property several buildings would not have owed an increased tax for the second building and the following starting with January 1st 2012 as well as the increase of the tax for the vehicles with a stroke capacity of more than 2.000 cm3;
ü The share of hotel tax was changed. Thus, for each stay in a tourist accommodation unit, the local council institutes a hotel tax in amount of 1% of the total value of the stay/the tariff per night for each day of the tourist stay, which is received by the legal persons by means of which the stay is made, at the same time with the recording of the accommodated persons. Previously the share could be established by the local council between 0,5% and 5% and could vary according to the class of the accommodation in hotel in the tourist resorts.
ü It is provided that for the crude oil and similar products used as fuel for engine, except for the fuel for navigation, the excise tax for the Diesel fuel will be owed;
ü It was changed the list of necessary documents in order to obtain the authorization of fiscal warehouse, as well as the conditions which have to be met for authorization. The authorized warehouses, having authorizations valid on January 1st 2012, have the obligation to observe the new provisions until January 31st 2012.
ü It was established that, in the case of the request of reauthorization of a fiscal warehouse, the validity period of the authorization of fiscal warehouse is extended until the settlement of the respective request.
ü Modifications and completions were brought regarding the obligations of the recipients of the excise taxable products transferred in the condition of the suspended excise tax regime.
ü The conditions which have to be met in order to benefit from the reimbursement of the excise taxes corresponding to the alcoholic drinks and tobacco products withdrawn from the market are provided, as well as those corresponding to the excise taxable products supplied for consumption in Romania, which are subsequently exported.
ü The provision according to which the energy products contain certain products specifically mentioned by the law (for example products of biomass) that benefited from a reduced level of the excise taxes was abrogated.
ü It is established that the processed tobacco is exempted from the payment of the excise taxes when it is destined exclusively for scientific tests and those regarding the product quality.
ü In the Fiscal Code was introduced the chapter regarding the regime of the contraventions applicable to excise taxable products by taking over its provisions from the Fiscal Procedure Code, with certain amendments and supplementations.
Modifications of the GEO. 29/2011 regarding the regulation of granting payment scheduling
ü On the period of the payment scheduling, the delay penalties, as well as a percentage of 50% of the delay penalties, corresponding to the scheduled fiscal obligations, are postponed at the payment by decision which is communicated to the contributor with the payment scheduling decision. In the case in which all the conditions for maintaining the scheduling are observed (the installments are paid according to the payment schedule and the current debts are paid within the legal term), these delay penalties, as well as the delay penalties postponed for payment will be cancelled.
Practically the contributors who benefited from the scheduling of the payment of the debts will also receive a reduction of 50% of the delay increases / interests calculated until the date of granting the scheduling and of the total cancellation of the delay penalties. This provision will also be applied to those who have in progress a scheduling on the date when the modifications become effective.
Pay attention however, if the debit was paid before scheduling and the contributor requests the payment scheduling only for the delay penalties, the increases and penalties calculated for this, it may not benefit from the canceling of the penalties and of 50% of the increases.
These modifications will become effective within 15 days from the date of publication in the OG of the present ordinance, that is starting with September 17th 2011.
ü It was introduced the possibility that the associations without legal personality may benefit from the scheduling of the payment of the debts, these being assimilated from the point of view of the obligations to legal persons.
Modifications of GEO no. 64/2009 regarding the financial management of the structural instruments and their use for the convergence objective
ü All the trade companies having the quality of suppliers of professional training and who sustain authorized course of CNFPA with financing from European funds will be able to ask from the management authority or from the budget (depending where they have obtained the funding) the reimbursement of the VAT for the eligible project expenses, irrespective if they are or not payers of VAT.
Other modifications
ü It was introduced the possibility of canceling the delay penalties and the increases due for the fiscal obligations outstanding on August 31st 2011.
Thus, the delay penalties are canceled or reduced, as follows:
These provisions apply correspondingly and for a share of 50% of the delay penalties, representing their penalty component, corresponding to the fiscal obligations settled by the payment or compensation.
Excepting the situations where it is mentioned expressly, the present modifications become effective starting with January 1st 2012.
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