President Nicusor Dan promulgated the Law on the cancellation of certain tax obligations on Tuesdaya legislative act which, according to the head of state, "corrects an inequity arising from the application of the VAT regime and supports the affected taxpayers."
"The first situation the Law addresses is that of taxpayers whose VAT registration code was cancelled and whodespite not having separately invoiced or collected VAT from customerssubsequently faced the retroactive assessment of VAT liabilities via tax decisions, with interest and penalties added," the head of state wrote on the X platform, agerpres reports.
He pointed out that, for many of the affected enterprises, the accumulation of these obligations from previous fiscal periods has created a significant financial burden, with direct negative effects on their operations.
"The law rectifies this situation by cancelling principal tax liabilities and related ancillary amounts in the cases expressly provided for by law. It covers liabilities already established through tax assessment notices, situations where the notice has been issued but not yet communicated, and cases where the tax authority has not yet issued the notice for the periods covered by the law," the president explained.
Nicusor Dan emphasized that this is not a matter of a general and unconditional cancellation of VAT obligations.
"The law does not apply to transactions for which the taxpayer separately listed VAT on invoices or equivalent documents, or collected the taxin whole or in partfrom the beneficiaries. Where VAT was separately invoiced or actually collected from customers, the tax liability remains. The cancellation of the liabilities covered by the law is carried out ex officio by the tax authorities. Taxpayers who have paid the amounts established by tax assessment decisions falling under the scope of the law will be able to claim a refund," the Head of State explained.
Thus, the measure also applies to those who have already fulfilled the obligations established by the tax authorities, preventing them from being disadvantaged compared to taxpayers whose obligations have not yet been settled.
According to Nicusor Dan, this law eliminates "disproportionate financial consequences" in the expressly stipulated situations and "frees up resources that will remain within the enterprises' operations."
"It is a measure aimed at fairer and more predictable tax treatment, without exempting the payment of VAT that was actually invoiced separately or collected from beneficiaries," the president stated.
ANAF has 30 days from the entry into force of the law to approve the implementation procedure.
"A fair tax system entails both the fulfillment of obligations by taxpayers and the state's capacity to rectify situations where the application of tax rules produces disproportionate effects," highlighted Nicusor Dan.
