Order no. 3896 / 2020 of 11.11.2020 for the approval of the simplified rescheduled payment of the tax liabilities by the central tax body, published in Official Gazette no. 1104 of 19.11.2020

Given the current context which generated financial difficulties for most economic operators, who were already facing a severe lack of liquidity during this period, a simplified rescheduled payment of the tax liabilities was regulated by way of E.G.O. no. 181 / 2020, which brings more advantageous administrative terms for taxpayers, as opposed to the classical rescheduled payment procedure provided for in the Fiscal Procedure Code or the tax restructuring procedure provided by G.O. 6/2019.

The simplified rescheduled payment procedure shall be approved for a period not exceeding 12 months, without the settlement of any guarantees and may cover main and ancillary tax obligations due after the date of entry into force of the state of emergency (March 16th, 2020).

Tax liabilities may enter the rescheduling process if higher than RON 500 for individuals and RON 5,000 for legal persons.

The application shall be submitted to the tax authorities up to the 15th of December 2020. In order to qualify for the simplified procedure, taxpayers need to meet the following conditions cumulatively:

• Not to go bankruptcy proceedings; not to undergo dissolution;
• not to record any outstanding tax obligations upon the date of the declaration of the state of emergency and unsettled upon the date of issuance of the tax clearance certificate;
• the debtor has not been held liable under insolvency and/or joint and several liability law;
• the debtor has all tax returns filed in accordance with the tax vector.

Kindly note that the application for the simplified rescheduled payment will trigger the cancelation of any intentions filed to the tax authorities by way of notifications to enjoy the tax amnesty covered by EGO 69/2020, as well as the tax restructuring measures introduced by GO 6/2019.

In terms of costs, starting from the date of the decision attesting the approval of the rescheduled payment plan, but not earlier than December 26th, 2020, the taxpayer will owe interest in the amount of 0.01% per day computed to each instalment until being paid. In the event of non-compliance with the schedule, a penalty of 5% will be applied to the remaining unsettled amount, representing main tax obligations and / or ancillary tax obligations to the payment, including interest due during the rescheduling payment.

We remain available to provide you with additional information on the tax incentive described above.