The Approval of the Form and Content of Certain Forms

This Order brings a number of changes and additions to the forms: (098) “Application for the registration for VAT purposes, according to article 153, paragraph (1)a), of the Tax Code”, (088) “Solemn declaration for assessing the intention and ability to undertake economic activities involving operations from the scope of VAT”.

The forms shall be filled out and submitted by the companies established under Law no. 31/1990.

This Order shall apply starting from 1 February 2015.

Order no. 112/2015 approving the form and content of certain tax forms used by certain taxable persons in the field of VAT[1]

[1] Published in the Official Gazette, Part I no. 40 of 16/01/2015

The Amendment of the Paragraph on VAT on Tourist Services

A regulation has been published on the reduced rate applicable to tourist structures with accommodation functions. The rate also applies in the case of re-invoicing of the exact costs of the operations in this area regulated by law.

Decision no. 20/2015 amending paragraph (6) of section 23 of Title VI “Value Added Tax” of the detailed Rules for the application of Law no. 571/2003 on the Tax Code, as approved by the Government Decision no. 44/2004[2]

[2] Published in the Official Gazette, Part I no. 46 of 20/01/2015

The Approval of the Tax for the Exam/Interview for the Chamber of Consultants

This Decision regulates the tax for the exam awarding the capacity of Tax Consultant or Assistant Tax Consultant, as well as the tax for the interview – for the cases provided for by the law – which amounts to RON 500.

Decision no. 1/2015 approving the tax for the exam/interview awarding the capacity of Tax Consultant or Assistant Tax Consultant in 2015[3]

[3] Published in the Official Gazette, Part I no. 46 of 20/01/2015

Implementing Rules for the Granting of Meal Vouchers

This Order approves the rules for implementing the Law on the granting of meal vouchers. Clarifications have been made on the issue of electronic vouchers.

Decision no. 23/2015 approving the implementing Rules of Law no. 142/1998 on the granting of meal vouchers[4]

[4] Published in the Official Gazette, Part I no. 54 of 22/01/2015

The Amendments and Additions of the Labour Code

The main amendments and additions of the legislative act are as follows:

• Absences without leave and leave without pay shall be deducted from the seniority;
• The salary received by the temporary employee for each mission may not be lower than the salary received by the user’s employee;
• The employee is entitled to an annual leave even when the temporary work incapacity lasts;

If the employee cannot take in whole or part the annual leave to which he/she was entitled in that calendar year, for justified reasons, the employer is required to grant the employee an 18-month period beginning with the next calendar year.

Law no. 12/2015 amending and supplementing Law no. 53/2003 – Labour Code[5]

[5] Published in the Official Gazette, Part I no. 52 of 22/01/2015

The Amendment of the Value of the Daily Allowance

The legislative act amends the value of the daily allowance for budget personnel from RON 13 to RON 17 a day. Moreover, the value of the accommodation expenses is also increased to RON 45 a night if the accommodation is not in the tourist greeting structures.

The new allowances shall be granted with effect from the 27th of January, the effective date of the legislative act.

Order no. 60/2015 updating the amount of the daily allowance of delegation and secondment, and the amount representing the compensation of the accommodation expenses of the personnel on delegation in case they do not enjoy accommodation in tourist greeting structures provided for by the annex to the Government Decision no. 1.860/2006 on the rights and obligations of the personnel of public authorities and institutions during the delegation and secondment in another locality, and in the case of travelling within the locality for work[6]

[6] Published in the Official Gazette, Part I no. 68 of 27/01/2015

Regulations of the Simplified Customs Clearance Procedures

This Order approves the rules on the simplified customs clearance procedures, which include the simplified customs clearance procedures for the release for free circulation, the simplified customs clearance procedures for customs warehousing, the simplified customs clearance procedures for inward processing arrangements, processing under customs control and temporary admission, the simplified customs clearance procedures for outward processing arrangements, and the simplified customs clearance procedures for export.

Order no. 163/2015 approving the simplified customs clearance Regulations [7]

[7] Published in the Official Gazette, Part I no. 74 of 28.01.2015

Regulations for the Preparation and Presentation of the Financial Statements

This Order highlights the main aspects of the preparation and presentation of the annual financial statements.

This Order shall be applied by the entities subject to the accounting Regulations in line with European regulations, by the entities applying the simplified accounting system and by the entities subject to the accounting Regulations in line with the International Financial Reporting Standards applicable to companies whose securities are admitted to trading on a regulated market.

Please note that in case the companies have opted for a financial year different from the calendar year they are required to prepare and present the annual accounting reports as at 31 December to the territorial units of the Ministry of Finance subject to the conditions provided for in the annexes to this legislative act.

The deadlines for the submission of the annual financial statements and the simplified annual financial statements to the territorial units of the Ministry of Finance are as follows:

• For companies, national companies, autonomous administrations, national research & development institutes – 150 days from the end of the financial year;
• For the other persons provided for in article 1 of Law no. 82/1991, as republished and subsequently amended and supplemented - 120 days from the end of the financial year.

Order no. 65/2015 on the main aspects of the preparation and presentation of the annual financial statements and the annual accounting reports of economic operators to the territorial units of the Ministry of Finance[8]

[8] Published in the Official Gazette, Part I no. 69 of 27/01/2015

Tax Code Amendments

The legislative act supplements and amends the Tax Code and primarily covers:

• Amendments relating to the provisions on the right to deduct VAT for taxpayers who have had their registration for VAT purposes cancelled;
• Amendments relating to the provisions on the taxpayers making purchases from persons who have had their registration for VAT purposes cancelled;
• Specific provisions are added on the exemption from income tax for people with severe or extreme disabilities;
• New regulations are added on the appointment of a tax representative by the person liable to pay VAT on intra-Community acquisitions in case the person is established in the EU but not in Romania and in case the person is established outside the EU;

New provisions are added on the categories of individuals who are expressly exempted from paying the health insurance contributions.

The provisions relating to the exemption from the income tax for people with severe and extreme disabilities and those relating to the consequences of the cancellation of the VAT registration enter into force starting from 01 February 2015. The regulations on the VAT are applicable starting from 13 February 2015, the effective date of the provisions of article III, section 8, of the Government Emergency Ordinance no. 92/2014.

Ordinance no. 4 of 21 January 2015 amending and supplementing Law no. 571/2003 on the Tax Code[9]

[9] Published in the Official Gazette no. 74 of 28 January 2015