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Approval of the procedures concerning the finalization of the annual tax on the income made by the natural persons
Order of the President of National Agency for Tax Administration for approval of the procedures concerning the finalization of the annual tax on the income made by natural persons, as well as of the template and content of forms (Order no. 2.093/2018) published in the Official Gazette no. 745/29.08.2018
Notes:
• This Order approves the following:
(i) The procedure for establishing the annual tax on the income made by the natural persons and for issuing the annual taxation decisions;
(ii) The procedure for establishing the amount representing up to 2% of the tax on the annual income due for the support of non-profit entities/religious establishments and the expenses admitted for private scholarships granted under the law;
(iii) Form 250 "Annual taxation decision for the income made by natural persons in Romania";
(iv) Form 251 "Annual taxation decision for the income made by natural persons abroad".
• The above mentioned forms are used for the finalization of the annual tax due on the income made by the natural persons in 2017.
• By 30 October 2018, the competent central tax body establishes the tax on the income/annual taxable net earnings due, issues and sends the annual taxation decisions. -
Regulation of the measures in the economic and financial inspection field carried out by the Ministry of Public Finance
Ordinance concerning the regulation of measures in the economic and financial inspection field carried out by the Ministry of Public Finance and for supplementing normative acts (Ordinance no. 18/2018) published in the Official Gazette no. 755/31.08.2018
Notes:
• The new provisions are adopted in relation to:
• Control of the manner of complying with the use of the financial means and material goods received by the beneficiaries of sponsorships and patronages;
• Control of the manner of complying with the use of the funds received by the beneficiaries of the amounts redirected under Title IV of Law no. 227/2015 on the Tax Code, with subsequent amendments for the purpose for which they have been established or operate;
• Control concerning the substantiation, granting and justification of the amounts received from the consolidated general state budget. -
Government Decision no. 33/2018 on the establishment of contraventions falling under the Prevention Law no. 270/2017
Decision for the amendment of point 42 of annex no. 1 to the Government Decision no. 33/2018 concerning the establishment of contraventions which fall under the Prevention Law no. 270/2017, as well as of the remediation plan template (Decision no. 701/2018) published in the Official Gazette no. 777/10.09.2018
Notes:
• We remind the fact that, according to this decision, the failure by the users of the fiscal electronic cash registers to comply with the terms stipulated by law for the use of the fiscal electronic cash registers represents contravention and falls under the Prevention Law no. 270/2017.
• Also, according to the Prevention Law, for certain contraventions established by Government decision, the inspectors will apply only the warning sanction to which he/she will attach a remediation plan. -
Order of the minister of public finance for supplementing accounting regulations
Order of the Ministry of Public Finance for supplementing accounting regulations (Order no. 3.067/2018) published in the Official Gazette no. 792/17.09.2018
Notes:
• The accounting regulations (O.M.F.P. no. 1.802/2014) concerning the dividend distribution operations during the financial year (quarterly) have been supplemented.
• We remind the fact that the entities which opt, according to law, for the quarterly distribution of dividends prepare interim financial statements composed of the balance sheet and of the profit and loss account. These components have the same structure as that applicable to the annual financial statements prepared according to these regulations.
• In order to prepare the interim financial statements the inventory of the items such as assets, liabilities and equity is made, according to the provisions of the Order of the Minister of Public Finance no. 2.861/2009 for approval of the Norms concerning the organization and inventory of items such as assets, liabilities and equity and of the assessment of such items according to the applicable accounting regulations.
• The interim financial statements are submitted to the territorial agencies of the Ministry of Public Finance within 30 days from their approval by the general meeting of shareholders. -
Rights and obligations of the personnel of the public authorities and institutions during the period of delegation and secondment to other locality, as well as in case of travelling for work purposes
Decision concerning the rights and obligations of the personnel of public authorities and institutions during the period of delegation and secondment to other locality, as well as in case of travelling for work purposes (Government Decision no. 714/2018) published in the Official Gazette no. 797/18.09.2018
This decision will become effective on 1 January 2019, the date when the Government Decision no. 1.860/2006 concerning the rights and obligations of the personnel of public authorities and institutions during the period of delegation and secondment to other locality, as well as in case of travelling within the locality for work purposes, published in the Official Gazette of Romania, Part I, no. 1.046 of 29 December 2006, with subsequent amendments and supplements, is repealed.
Notes:
• According to this decision, in case when a change higher than 10% of the consumer price index results, the Ministry of Public Finance may update the amount of the travel allowance, of the secondment allowance and of the accommodation allowance.
• The main changes made to this decision:
• Increase of the delegation allowance to 20 lei/day, regardless of the position held and of the public authority or institution where a person carries out his/her activity;
• The person delegated to a town located at a distance greater than 50 km from the locality where he/she performs his/her permanent job and who cannot return at the end of the working day benefits from a daily delegation allowance composed of:
(i) Delegation allowance in amount of 20 lei/day;
(ii) Accommodation allowance in amount of 230 lei/day within the limit of which he/she must cover the accommodation expenses. -
Reverse charge for operations with risk of fraud
Council Directive for amending the Directive 2006/112/EC on the common system of the value added tax with regards to the period of application of the optional mechanism of reverse charge in relation to the deliveries of certain goods and services which show a risk of fraud and of the mechanism of rapid reaction against fraud in the VAT field (Interinstitutional File: 2018/0150 (CNS)) published on the European Council official website.
This directive becomes effective on the twentieth day from the date of publication in the Official Journal of the European Union.
Notes:
• On 24 September 2018 the European Union Council adopted the extension of the period of application of the optional mechanism of reverse charge for certain deliveries of goods and services in order to fight some forms of fraud.
• We mention that this decision was made as a result of the fact that the repeal of these measures would have deprived the member states of an effective fraud fighting instrument. Therefore, it is appropriate to extend the period of application of the optional mechanism of reverse charge until 30 June 2022, the date when the final VAT regime should enter into force.
• Regarding the local legislation in the VAT field, we mention that the provisions of the Directive will be most probably transposed into the local legislation as well. -
Approval of the monthly statement template, in the form of a standard form, for the revenues made by the gambling organizers
Order concerning the approval of the monthly statement template, in the form of standard form, for the revenues made by the gambling organizers who carry out gambling activities according to art. 10 para. (1) of the Government Emergency Ordinance no. 77/2009 on the organization and operation of gambling (Order no. 179/2018) published in the Official Gazette no. 764 of 05.09.2018
The order of the president of the National Gambling Office no. 239/2015, published in the Official Gazette of Romania, Part I, no. 766 of 14 October 2015 is repealed since the date of entry into force of this order.
Notes:
• The monthly statement template, in the form of a standard form, for the revenues made by the gambling organizers who carry out gambling activities according to art. 10 para. (1) of the Government Emergency Ordinance no. 77/2009 on the organization and operation of gambling, approved with amendments and supplements by Law no. 246/2010, with subsequent amendments and supplements, is approved.
• We mention that the monthly statement set out above will be submitted to the National Gambling Office on hardcopy or in digital format, electronically signed, until the 10th day of the month for the previous month.
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