- Changes to the Fiscal Code in the area of VAT
Law No. 172 of 7 October 2019 amending Law No. 227/2015 regarding the Fiscal Code (Official Gazette No. 815 of 8 October 2019)
Notes:- This text of law brings changes in the field of value added tax.
- Thus, the transfer of ownership of immovable property from a taxable person to a public institution for the settlement of an overdue tax obligation will no longer be considered a supply of goods and therefore VAT will no longer be collected.
- Also, according to the new rules, the use of mobile goods acquired or produced by a taxable person (for which the VAT deduction right was partially or full enjoyed), others than capital assets, for carrying out operations that do not qualify for the full VAT deduction right will no longer be assimilated as deemed supplies (VAT will not be self collected any more). In such a case, the VAT adjustment mechanism shall be applied.
- Ex officio settlement of the pension fund contribution and of the health insurance contribution
NAFA Order No. 2547 of 20 September 2019 approving the Procedure regarding the ex officio establishment of the social insurance contribution (CAS) and the health insurance contribution (CASS) due by the individuals, as well as of the template and content of some forms (Official Journal No. 800 of 2 October 2019)
Notes:- The procedure applies to individuals who have not fulfilled the obligation to declare the pension fund contribution (CAS) and the health insurance contribution (CASS), according to the provisions of the Fiscal Code, starting with fiscal year 2018.
- When determining the CAS, taxpayers are identified based on:
- (i) form 256 “Ex Officio Assessment Decision regarding the income of individuals”;
- (ii) form 112 “Return regarding the payment obligations of social contributions, the income tax and the nominal records of the insured persons”;
- (iii) the form Unique tax return on income tax and social contributions due by individuals”, filed by taxpayers;
- (iv) other information available in the tax records.
- When determining the CASS, in addition to the above-mentioned sources of information, taxpayers are also identified based on the form 205 “Informative tax return regarding the withholding tax, the income from gambling and the gains from investments, broken down per income beneficiaries”.
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