The Reference Interest Rate

From the 5th of February, the NBR reference rate is 2.25% a year, down 0.25% from the previous applicable rate (2.5% a year).

Circular no. 5/2015 on the reference interest rate of the National Bank of Romania[1]

[1] Published in the Official Journal, Part I no. 95 of 05/02/2015

The Approval of the Procedures for Application of the Tax Procedure Code

There are a number of amendments and additions to certain annexes of the Tax Procedure Code as follows:

• “The procedure for declaring inactive taxpayers, under article 78¹, paragraph (1), of the Tax Procedure Code”;
• “The procedure of verification of taxpayers who are in one of the situations referred to in article 78¹, paragraph (1), sections b) and c), of the Tax Procedure Code”;
• “The procedure of verification of taxpayers who evade tax inspections by declaring tax domicile identification data that do not allow the tax body to identify the domicile”;
• “The procedure of verification by the tax inspection bodies of taxpayers who do not operate at the declared tax domicile”;
• “The procedure of verification by the General Antifraud Directorate of taxpayers who do not operate at the declared tax domicile”.

Order no. 320/2015 amending the Order of the President of the National Agency for Fiscal Administration no. 1.847/2014 approving the procedures of application of article 781 of the Tax Procedure Code and approving the form and content of certain forms[2]

[2] Published in the Official Journal, Part I no. 114 of 12/02/2015

The Approval of the Procedure of Issue and Communication of Administrative Acts

This Order amends the procedure for the issue and transmission of tax obligations for debtors who record debts below the RON 40 ceiling. For these debtors no taxation decisions shall be issued unless the taxpayers request it.

This Order regulates the cases where notices and enforceable titles are not issued, namely below the RON 40 ceiling of outstanding debts.

Order no. 360/2015 supplementing the annex to the Order of the President of the National Agency for Fiscal Administration no. 2.289/2010 approving the Procedure for the issue and communication of administrative acts for debtors recording outstanding tax obligations under a certain limit[3]

[3] Published in the Official Journal, Part I no. 120 of 16/02/2015

The Approval of the Amount of Excise Duties on Cigarettes

The Order regulates the lowering of the amount of the excise duty on cigarettes for 1 April 2015 - 31 March 2016, i.e. RON 314.68/1,000 cigarettes compared to the former amount of RON 412.02.

Order no. 166/2015 approving the amount of the specific excise duty on cigarettes[4]

[4] Published in the Official Journal, Part I no. 129 of 19/02/2015

The Approval of the Procedure of Remote Communication between NAFA and Individuals

The legal act approves the procedure of communication by electronic means of remote transmission between NAFA and individuals. This Order also approves the annex on the documents that can be communicated via the “virtual private space” service.

Order no. 161/2015 amending and supplementing the Procedure of communication by electronic means of remote transmission between the National Agency for Fiscal Administration and individuals, as approved by the Order of the Minister of Public Finance no. 1.154/2014[5]

[5] Published in the Official Journal, Part I no. 130 of 20/02/2015

The Approval of the Form and Content of Form 089

This Order approves the form and content of Form 089 “Solemn declaration for the fulfilment of the condition under article 160, paragraph (2), section e), sub-section 2), of the Tax Code” on the simplification measures applied to the supply of energy.

Order no. 410/2015 approving the form and content of form (089) “Solemn declaration for the fulfilment of the condition under article 160, paragraph (2), section e), sub-section 2), of the Tax Code”[6]

[6] Published in the Official Journal, Part I no. 133 of 23/02/2015

The Approval of the Notice warning Customers of the Request of Fiscal Receipts

The Order regulating the form and content of the notice warning customers of the obligation of economic operators to use electronic cash registers has been published.

From 1 March 2015 economic operators required to use electronic cash registers shall post the notice provided for by this Order on the site of the electronic cash registers so that it might be visible to the customers.

Order no. 159/2015 establishing the form and content of the notice warning customers of the obligation to comply with the Government Emergency Ordinance no. 28/1999 on the obligation of economic operators to use electronic cash registers[7]

[7] Published in the Official Journal, Part I no. 131 of 20/02/2015

The Approval of the Form of the Licence for the Distribution of Electronic Cash Registers

This Order approves the form of the licence for the distribution of electronic cash registers.

Order no. 158/2015 approving the form of the licence for the distribution of fiscal electronic cash registers[8]

[8] Published in the Official Journal, Part I no. 123 of 17/02/2015

The Approval of the Procedure of Outstanding Payments on Leave and Monthly Allowance

The legal act approves the procedure of payment of the refunds in connection with the leave and monthly allowance for child-raising; this Order also regulates measures for the recovery of the debts recorded by way of child-raising allowance.

Order no. 2396/2014/103/2015 approving the Procedure of payment of the refunds provided for by Law no. 126/2014 amending the Government Emergency Ordinance no. 111/2010 on the leave and monthly allowance for child-raising and establishing measures for recovering the debts recorded by way of child-raising allowance, as well as the instructions for applying the provisions of articles II-IV of Law no. 126/2014 amending the Government Emergency Ordinance no. 111/2010 on the leave and monthly allowance for child-raising and establishing measures for recovering the debts recorded by way of child-raising allowance[9]

[9] Published in the Official Journal, Part I no. 83 of 30/01/2015

The Approval of the Accounting Regulations applicable to Companies admitted to Regulated Markets

The amendments and additions of the accounting Regulations in line with International Financial Reporting Standards applicable to companies the securities of which are admitted to trading on a regulated market have been approved.

Order no. 150/2015 amending and supplementing the accounting Regulations in line with International Financial Reporting Standards applicable to companies the securities of which are admitted to trading on a regulated market, as approved by the Order of the Deputy Prime Minister, the Minister of Public Finance no. 1.286/2012[10]

[10] Published in the Official Journal, Part I no. 136 of 23/02/2015

The Publication of the Procedure of Management of Large Taxpayers

This Order approves the Procedure of management and monitoring of large taxpayers and the content of the following forms:

• Form 01 “Statement of the obligations to the State budget and payments made against these obligations”;
• Form 02 “Statement of the obligations to the State social security budget and payments made against these obligations”;
• Form 03 “Statement of the obligations to the social health insurance budget and payments made against these obligations”;
• Form 04 “Statement of the obligations to the unemployment insurance fund and payments made against these obligations”.

Order no. 467/2015 approving the Procedure of management and monitoring of large taxpayers[11]

[11] Published in the Official Journal, Part I no. 134 of 23/02/2015

The Publication of the Procedure of Management of Medium Taxpayers

This Order approves the Procedure of management and monitoring of medium taxpayers and the content of the following forms: Form 01 “Statement of the obligations to the State budget and payments made against these obligations”; Form 02 “Statement of the obligations to the State social security budget and payments made against these obligations”; Form 03 “Statement of the obligations to the social health insurance budget and payments made against these obligations” and Form 04 “Statement of the obligations to the unemployment insurance fund and payments made against these obligations”.

Order no. 468/2015 approving the Procedure of management and monitoring of medium taxpayers[12]

[12] Published in the Official Journal, Part I no. 135 of 23/02/2015

The Amendment of a Form issued by the Ministry of Public Finance

This Order amends the Form “Receipt for the collection of taxes and contributions”.

Order no. 151/2015 supplementing the Order of the Minister Delegate for Budget no. 671/2014 on the amendment of the Form “Receipt for the collection of taxes and contributions”, code 14.20.09/TS, provided for in Annex no. 1a) to the Order of the Minister of State, the Minister of Finance no. 1.801/1995[13]

[13] Published in the Official Journal, Part I no. 119 of 16/02/2015

The Approval of the Accounting Regulations on Simple-entry Bookkeeping

This Order approves the accounting Regulations on simple-entry bookkeeping applicable to individuals and associations without legal personality and persons or entities that are bound by simple-entry bookkeeping.

This Order approves the financial and accounting registers and documents used to manage simple-entry bookkeeping and the models and rules of preparation and use of accounting registers.

Order approving the accounting Regulations on simple-entry bookkeeping[14]

[14] Published in the Official Journal, Part I no. 139 of 24/02/2015

The Approval of the Procedure of Cancellation of the Tax on Income from Agricultural Activities

The legal act approves the Procedure of cancellation of the tax on income from agricultural activities due under article 74 “Calculation and payment of the tax on income from agricultural activities” of Law no. 571/2003 on the Tax Code, for the tax year of 2013, and the ancillary tax obligations related thereto.

The legal act also approves the form of the decisions to cancel the tax/reject the application for annulment.
Order no. 197/2015 on the Procedure of cancellation of the tax on income from agricultural activities due under article 74 of Law no. 571/2003 on the Tax Code, as subsequently amended and supplemented, for the tax year of 2013, and the ancillary tax obligations related thereto[15]

[15] Published in the Official Journal, Part I no. 139 of 24/02/2015

The Approval of the Declaration for Social Contributions, Income Tax and Records of Insured Persons

This legislative regulation hereby approves the form, content, method of submission and management of the “Statement on the obligations of payment of social contributions, the income tax and nominal records of insured persons”. The classification of “Subsidies/exemptions/discounts” has also been published.

Order no. 141/22561569/2015 amending the Order of the Deputy Prime Minister, the Minister of Public Finance, the Minister of Labour, Family and Social Protection and the Minister of Health no. 1.045/2.084/793/2012 approving the form, content, methods of submission and management of the “Statement on the obligations of payment of social contributions, the income tax and nominal records of insured persons”[16]

[16] Published in the Official Journal, Part I no. 139 of 24/02/2015

The Establishment of the Fees charged by the State Treasury

This Order regulates the amount of the fees charged by the Treasury in relation to various taxpayers for services rendered.

Order no. 195/2015 amending the Order of the Minister Delegate for Budget no. 1.338/2014 on the establishment of the amount of the fees charged by the State Treasury for services rendered to the customers[17]

[17] Published in the Official Journal, Part I no. 142 of 25/02/2015

The Establishment of the Tax Residence for Non-resident Individuals

We would like to bring to your attention that, under the laws in force[18], non-resident individuals arriving in Romania and staying on the territory of this State for one or more periods exceeding a total of 183 days within 12 consecutive months ending during the calendar year concerned are required to submit to the Romanian tax authorities a standard questionnaire accompanied by the supporting documents in order to determine the status of their residence for tax purposes in Romania.

Non-resident individuals shall register the aforementioned questionnaire with the competent tax authority within 30 days of the expiry of 183-day period of presence in Romania. The aforementioned obligation is intended to determine the nature of their tax burden starting from their second year of stay in Romania (i.e. taxable only on income derived in Romania or taxable on the overall earned income).

The standard questionnaire may be downloaded from here.

Moreover, a similar questionnaire should be submitted 30 days before the end of the period of stay in Romania. Its template may be downloaded from here.

[18] The Tax Code and Order no. 74/2012, as subsequently amended and supplemented