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Ministry approves important changes to Fiscal Code, Code of Fiscal Procedure

Inquam Photos / Octav Ganea
Inquam Eugen Teodorovici gest

The Ministry of Public Finance (MFP) has approved a set of important changes in the Fiscal Code and the Code of Fiscal Procedure after consultations with business leaders that lasted more than a year, says Finance Minister Eugen Teodorovici.

The draft piece of legislation containing these changes is published on the MFP website, according to a MFP press statement released on Wednesday.

According to the statement, MFP is continuing efforts to support economic growth, to stimulate the Romanian entrepreneurship and to facilitate the commercial activity of the business environment. In this regard, there has been a permanent dialogue conducted with business leaders, with several fiscal measures having been discussed and agreed upon.

MFP also lists some of the measures to be taken. As afar as the Fiscal Code is concerned, the measures are aimed at fiscal consolidation of the profit tax due by tax grouping; the development of the concept of "actual place of management" for non-resident legal entities registered in a country with which Romania has concluded a convention for the avoidance of double taxation, in compliance with the legislation of that country, but that are controlled and managed in Romania. Such foreign legal entities with the actual place of management in Romania will pay tax on profit for the taxable profit derived from any source, both in Romania and abroad.

Also mentioned in the field of the Fiscal Code is the exclusion exemption from the scope of taxable income of wage incomes; the personal use of certain vehicles that are not used exclusively for the purpose of an economic activity are part of the assets of legal entities filing for the tax regime of micro-enterprises, and specific taxes; as well as the regulation of the obligations of computation, withholding, payment and income tax and mandatory social contributions statement related to the cash and in-kind benefits received by employees from third parties.

In the province of fiscal procedure, MFP mentions the regulation of the establishment and lifting of forfeitures in the electronic environment, so that the amount forfeited equals the amount of the forfeiture and the debtor's accounts are freed as soon as possible. This measure is aimed at developing the own computer system of MFP/ANAF through which to manage forfeitures and the related activities of settling them, so that they do not require from the banks an important development effort in their own information systems.

Also mentioned is the suspension of the fiscal inspection in the case of the notification of judicial bodies in order to implement the Lungu Cause, considering the fact that the European Court of Human Rights (ECHR) has criticised Romania for having allowed two procedures to be simultaneously started for the same situation of the same taxpayer under the procedures in force: an administrative procedure and a criminal procedure.

At the same time, the possibility of carrying out the re-check of inspection is also mentioned, at the request of the taxpayer, if the conditions provided by law are cumulatively fulfilled, for the purpose of implementing the Zabrus Case (C-81/17), where the Court of Justice of the European Union (CJEU) has noticed an imbalance between the taxpayer's rights and the rights of tax authorities.

The measures include penalising by nullification of fiscal administrative acts when the fiscal body fails to meet certain obligations established by the law.

MFP also considers regulating the possibility of reviewing the decision to resolve appeals in certain situations expressly provided by law for the purpose of terminating costly judicial procedures, both for taxpayers and for the tax administration, relieving the courts of law of such litigations and also avoiding and the tax bodies paying court costs, interest or other amounts when a document is deemed not issued in accordance with the legal provisions. Effective application will start on November 1, 2019.

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