november "legal & tax" newsletter
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"LEGAL & TAX" Newsletter issued by bpv GRIGORESCU STEFANICA brings you all the latest legal news in Romania.TRANSCRIPT
PUBLIC PROCUREMENT 2
EMPLOYMENT & PENSIONS 4
TAX 7
ABOUT US 19
CONTACT 20
LEGAL & TAX | NEWS
NOVEMBER 2011
LEGAL & TAX | NEWS
Noiembrie 2011
2
Order No. 553 of the president of the National Regulatory and Monitoring
Authority for Public Procurement (the “Order”) regarding the interpretation of
article 243 of the Government Emergency Ordinance no. 34/2006 regarding
the award of public procurement contracts, public works concession
contracts and services concession contracts (”GEO 34/2006”), was
published in the Official Gazette of Romania, Part I No. 735 of October 19th,
2011. The Order entered into force on its publication date.
The Order clarifies the content of the category of sectorial contracts defined
in GEO 34/2006, stating that the scope of such contracts consists in the
procurement by a contracting authority of products, services or works whose
direct or indirect intended use is for the performance of an activity within the
relevant sectors "water", "energy", "transport" and "post" (the „relevant
sectors”). The Order also includes in the same category those contracts
whose scope is represented by the procurement of products/services/works
whose intended use is for the functioning of the contracting authority from an
administrative-organizational perspective.
Moreover, the Order provides the conditions to be met in order for such
procurement contract concluded by an entity active in one or more of the
relevant sectors not to be considered as sectorial contract, and, as a
consequence, not to be subject to the procurement rules comprised in the
GEO 34/2006, as follows:
- the intended use of the products/services/works under the respective
contract must be for the performance by the respective entity of
certain activities falling outside the area of relevant sectors;
- for the purpose of concluding the procurement contract, the respective
entity is not considered as “contracting authority” within the meaning
of GEO 34/2006 based on other provisions of GEO 34/2006, as
otherwise such entity would be obliged to apply the procurement rules
comprised in the GEO 34/2006;
- in order for the exemption provisions mentioned above to be
enforceable, the envisaged entity must indicate/justify/demonstrate:
(i) the activity which falls outside the area of the relevant sectors and
(ii) the fact that the sole intended use of the products/services/works
procured is for the performance of the respective activity falling
outside the area of the relevant sectors.
The Order also provides for several examples for the purpose of a better
understanding of its provisions mentioned above.
1. Interpretation of the exemption from the public procurement rules of the procurement contracts concluded by entities activating in relevant sectors, but which do not represent sectorial contracts
PUBLIC PROCUREMENT
LEGAL & TAX | NEWS
Noiembrie 2011
3
Government Decision No. 1.045 (“Decision”) regarding the amendment
of art. 90 para. (3) of the Government Decision No. 925/2006 for the
approval of the norms for the application of the provisions on the award
of public procurement contracts of the Government Emergency
Ordinance No. 34/2006 regarding the award of public procurement
contracts, public works’ concession contracts and services’ concession
contracts was published in the Official Gazette of Romania, Part I No.
757 of October 27th, 2011. The Decision entered into force on October
27th, 2011.
The Decision provides that, in case the contracting authority has the
capacity as public authority, public institution or economic operator with
fully or majority state-owned capital, the contractor has the obligation to
open a separate cash account available to the contracting authority with
the State Treasury unit from the fiscal authority competent for its
management. From the cash account opened with the State Treasury
on the contractor’s name, payments may be ordered both by the
contractor, with the prior written approval of the contracting authority to
be submitted with the State Treasury unit and by the State Treasury
unit at the written request of the contracting authority in whose benefit
the performance bond has been established, in the situation where the
contractor fails to fulfil its obligations under the contract.
The aforementioned provisions apply also in case of contracts under
execution on the date of the Decision’s entry into force as regards the
successive withholdings from the amounts due for partial invoices,
which are paid by the contracting authorities, provided that such
contracts do not stipulate otherwise.
As regards the amounts representing performance bonds existing on
the date of the Decision’s entry into force, in the accounts opened at
commercial banks, the Decision provides that these are used according
to the legal provisions in force on the date of their establishing.
2. Amendments regarding the establishing of the performance bond in public procurement contracts through successive withholdings from the amounts due for partial invoices
LEGAL & TAX | NEWS
Noiembrie 2011
4
Order No. 2.204 of the Minister of Labour, Family and Social Protection
on the establishing of the value of the monthly indexed amount granted
as nursery tickets for the second semester of 2011 (“Order”) was
published in the Official Gazette of Romania, Part I No. 697 of October
1st, 2011. The Order entered into force on October 1
st, 2011.
According to the Order, for the second semester of 2011, starting
October, the value of the monthly indexed amount granted as nursery
tickets is of RON 370, remaining at the level established by Order No.
159/02.02.2011 for the previous semester.
Order No. 2.205 of the Minister of Labour, Family and Social Protection
regarding the establishment of the value of the meal ticket for the
second semester of year 2011 (“Order”) was published in the Official
Gazette of Romania, Part I, No. 697 dated October 1st, 2011. The Order
entered into force on October 1st, 2011.
The Order provides that the value of a meal ticket for the first second of
the year 2011, starting October, shall be of RON 9, remaining at the
level established by Order No. 959/11.02.2011.
Order No. 2.287 of the Ministry of Labor, Family and Social Protection
and Order No. 1.378 of the Ministry of Health approving the Procedure
for investigation and diagnosis of the occupational diseases
(“Procedure”) and, also, the list of the correspondent medical services
(“Order”) was published in the Official Gazette of Romania, Part I No.
748 of October 25th, 2011. The Order entered into force on October
25th, 2011.
1. Value of nursery tickets
EMPLOYMENT & PENSIONS
2. Value of meal tickets
3. Procedure for investigation and diagnosis of occupational diseases
LEGAL & TAX | NEWS
Noiembrie 2011
5
4. Amendments regarding the European Works Council
The Order provides the methodology for determining the medical
services related to the Procedure, the rates for laboratory analysis and
the methodology of settlement of the bio-toxicology laboratory analysis.
According to the Order, the cases of occupational diseases for which
the professional nature of the disease is not confirmed shall be
discounted only up to 40% of the total investigated and diagnosed
cases. The value of the medical services correspondent to Procedure
shall be paid from the amounts provided for this purpose in the social
security budget, based on the contracts concluded between hospitals
and the territorial pension houses, regardless of the professional nature
of the disease.
Law no. 186/2011 (“Law”) amending and supplementing Law no.
217/2005 regarding the establishment, organization and functioning of
the European Works Council was published in the Official Gazette of
Romania, Part I, No. 763 dated October 28th, 2011. The Law entered
into force on October 31st, 2011.
The Law provides that the methods for informing and consulting the
employees are defined and applied on basis of the efficiency principle,
at the relevant level of management and representation. At the same
time, it is provided that the scope of the procedure for the informing and
consulting the employees is limited to transnational issues, defined as
those aspects related to the Community-dimension company or the
Community-dimension companies group, as a whole, or at least two
companies or subsidiaries, branches or other establishments of a
company or of the group, located in different member states.
Information and consultation of the European Works Council are related
to the information and consultation of the national employees’
organizations, taking into account their competences and areas of
intervention. Also, the notions of “information” and “consultation” are
defined. Thus, the information represents the data transmission by the
employer to the employees’ representatives, using a certain method
and having an appropriate content. The consultation consists in
establishing a dialogue between the employees’ representatives and
the management.
LEGAL & TAX | NEWS
Noiembrie 2011
6
The Law also regulates the management responsibilities of the
Community-dimension company, consisting in obtaining and
transmitting to the interested parties the necessary information for the
initiation of the negotiations for establishing a works council or for
establishing an information and consultation procedure.
In case significant changes of the Community-dimension company
structure or of the community-dimension companies group occur, the
central management shall initiate negotiations by its own initiative or
upon the written request of minimum 100 employees or their
representatives from at least two companies from different Member
States. The Law offers the possibility for the representatives of the
labour organizations to assist, having a consultative role, to the
negotiation meetings, upon the request of the special negotiating group.
The Law repeals the provisions according to which the representation
in the European Works Council shall be ensured by appointment or
election of a member from each Member State where the community-
dimension company has one or more subsidiaries, branches or
secondary offices. At the same time, the provisions regarding the
competences of the European Works Council, the election or
appointment of a select committee, the convening of the meetings, the
content of the information and consultation are amended.
LEGAL & TAX | NEWS
Noiembrie 2011
7
Order No. 3.193 (the “Order”) of the President of the National Agency
for Fiscal Administration regarding the approval of the template and
content of the forms “Certificate attesting the payment of value added
tax in case of intra-community acquisitions of transportation vehicles”
and “Certificate”, as well as the procedure for their issuance, was
published in the Official Gazette of Romania, Part I No. 698 of October
3rd
, 2011. The Order entered into force on October 3rd
, 2011.
The Order approves the template and content of the new certificates
which are issued either for attesting the payment of value added tax
(“VAT”) or for attesting that VAT is not owed in Romania, in case of
intra-community acquisitions of transportation vehicles.
As of the Order’s entry into force, Order No. 1.128/2009 of the
President of the National Agency for Fiscal Administration regarding the
approval of the template and content of the forms “Certificate attesting
the payment of value added tax in case of intra-community acquisitions
of transportation vehicles” and “Certificate”, as well as the procedure for
their issuance is repealed.
Order No. 3.194 (the “Order”) of the President of the National Agency
for Fiscal Administration regarding the approval of the template and
content of form (307) “Statement regarding the amounts resulting from
the adjustment of value added tax, in case the beneficiary of the assets’
transfer or the lessee/user of the fixed tangible assets purchased
through a leasing agreement is not a person registered for value added
tax purposes” as well as for establishing the payment method of these
amounts was published in the Official Gazette of Romania, Part I No.
689 of October 3rd
, 2011. The Order entered into force on October 3rd
,
2011.
As of the Order’s entry into force, Order No. 2.691/2010 of the
President of the National Agency for Fiscal Administration regarding the
approval of the template and content of form (307) “Statement
regarding the amounts resulting from the adjustment of value added
tax, in case the beneficiary of the assets’ transfer is not a person
registered for value added tax purposes” as well as for establishing the
payment method of these amounts is repealed.
1. The approval of the template and content of certain forms regarding Value Added Tax in case of intra-community acquisitions of transportation vehicles
TAX
2. The approval of the template and content of form (307) regarding the amounts resulting from the adjustment of Value Added Tax in certain situations
LEGAL & TAX | NEWS
Noiembrie 2011
8
Order No. 2.604 (the “Order”) of the Minister for Public Finances
regarding the application of the provisions of art. XI of Government
Ordinance No. 30/2011 for the amendment and completion of Law No.
571/2003 regarding the Fiscal Code, as well as for the regulation of
certain fiscal-financial measures was published in the Official Gazette of
Romania, Part I No. 707 of October 6, 2011. The Order entered into
force on October 6, 2011.
The Order provides the manner in which fiscal facilities consisting in the
cancellation or reduction of certain late payment penalties
corresponding to main fiscal liabilities due as at August 31st, 2011, are
granted, as follows:
- The aforementioned fiscal facilities are granted by the National
Agency for Fiscal Administration, by the National Customs
Authority or by the specialized directorates of the Ministry of
Finance, according to their competency for administering the
fiscal liabilities in relation to which these facilities are granted;
- The aforementioned fiscal authorities grant facilities for the
ancillary fiscal liabilities related to the main fiscal liabilities due as
at August 31st, 2011, as follows:
by cancelling the late payment penalties, as well as by
cancelling a 50% quota of the late payment additions (due for
the period January 1st, 2006 – June 30
th, 2010) relating to
these main fiscal liabilities, if the main liabilities and the
related interests, administered/established by the competent
authorities are paid or compensated until December 31st,
2011;
by reducing by 50% the late payment penalties, as well as by
reducing by 50% a 50% quota of the late payment additions
(due for the period January 1st, 2006 – June 30
th, 2010) for
these main fiscal liabilities, if the main liabilities and the
related interests administered/established by the competent
authorities are paid or compensated until June 30th, 2012;
- In order to grant the aforementioned facilities, the competent
authorities shall identify the taxpayers which record main fiscal
liabilities outstanding on August 31st, 2011 and shall notify them
3. Granting of fiscal facilities consisting in the cancellation or the reduction of late payment penalties
LEGAL & TAX | NEWS
Noiembrie 2011
9
regarding the possibility for the granting of the facilities, until
October 15th, 2011. The taxpayers that have not been notified
may request the competent authorities for a clarification of their
fiscal situation;
- For the granting of the aforementioned facilities, the taxpayers
may submit an application requesting a situation of their exigible
outstanding liabilities. Within 5 days from the application’s
submission date, the competent authority shall communicate the
situation to the taxpayer and shall prepare a provisional schedule
for the decrease from the fiscal record of the fiscal liabilities
which may be subject to facilities. If within 10 days from the
communication date of the situation, the taxpayer pays the main
liabilities and the related interests or such liabilities and interests
are compensated, the competent authority validates the
provisional decrease schedule and issues the decision regarding
the outstanding ancillary liabilities. If these ancillary liabilities
have also been paid or compensated, the competent authority
shall issue, as the case may be, the decision for the cancellation
of the late payment penalties or the decision for the reduction of
the late payment penalties;
- In case the fiscal liabilities are not paid or compensated within
the provided terms, the fiscal liabilities which have not been
subject to the provisional decrease schedule shall be registered
again in the fiscal record. In this case, the taxpayer may submit a
new request whenever the taxpayer considers that it has the
possibility to fulfil the requirements for benefiting from the fiscal
facilities;
- The taxpayer which has not submitted the application requesting
a situation of the exigible outstanding liabilities, but which pays
all outstanding liabilities or of which all outstanding liabilities are
compensated, may request the granting of the fiscal facilities by
submitting a request with the competent authority, being also
entitled to request the reimbursement of the amounts subject to
the facility.
LEGAL & TAX | NEWS
Noiembrie 2011
10
Order No. 2.618 (the “Order”) of the Minister for Public Finances for the
amendment and completion of Order No. 752/2006 of the minister for
public finances regarding the approval of the procedure for the issuance
of the tax assessment note for legal and natural entities, of the certificate
for budgetary liabilities, as well as their template and content, was
published in the Official Gazette of Romania, Part I No. 712 of October
10th, 2011. The Order entered into force on October 10
th, 2011.
According to the Order, in case the taxpayer has to collect certain, liquid
and exigible amounts from the contracting authorities defined according
to Government Emergency Ordinance No. 34/2006 regarding the award
of public procurement contracts, concession of public works’ contracts
and services concession contracts, when submitting the request for the
issuance of the tax assessment note (in Romanian: certificat de atestare
fiscală), the taxpayer shall also have to submit the original document
issued by the contracting authorities which certifies the value of the
certain, liquid and exigible amounts which the taxpayer has to collect
from the contracting authorities. The document is valid for 20 days from
the issuance date and it has to be valid on the date of the submission of
the request for the issuance of the tax assessment note.
As regards taxpayers that have set up secondary offices fiscally
registered as payers of salaries and incomes assimilated to salaries, the
Order provides that the tax assessment note shall be issued at the
request of the taxpayer and it will include both the taxpayer’s fiscal
liabilities and the fiscal liabilities of the secondary offices.
The Order approves new templates of the tax assessment note and of
the request for the issuance of the tax assessment note.
4. New regulations regarding the tax assessment note
LEGAL & TAX | NEWS
Noiembrie 2011
11
Order No. 3.253 (the “Order”) of the President of the National Agency
for Fiscal Administration for the approval of the templates of certain
forms issued for the application of the provisions of art. XI of
Government Ordinance No. 30/2011 for the amendment and
completion of Law No. 571/2003 regarding the Fiscal Code, and for the
regulation of certain financial-fiscal measures was published in the
Official Gazette of Romania, Part I No. 713 of October 10th, 2011. The
Order entered into force on October 10th, 2011.
The Order approves the template of the Decision for the cancellation of
late payment penalties and the template of the Decision for the
reduction of late payment penalties.
Order No. 2.635 (the “Order”) of the Minister for Public Finances
regarding the approval of Decision No. 6/2011 (the “Decision”) of the
Central Tax Commission was published in the Official Gazette of
Romania, Part I No. 725 of October 14, 2011. The Order entered into
force on October 14, 2011.
According to the Decision, in the situation where, in order to make
investments to the benefit of administrative-territorial units (in
Romanian: unităţi administrativ teritoriale – “UAT”), financed from ex-
ISPA funds, local public contributions related funds and other public
funds, the water operators have acted as entrepreneurs, respectively
have received invoices on their name for the procurement of goods
and/or services from contractors, issued with VAT and for which VAT
was deducted by the water operators or issued without VAT following
the application of the VAT exemption by the contractors based on the
certificates issued for this propose, it is deemed that the services
performed for the purpose of achieving the investment are provided by
the water operators to the UAT. Consequently, the VAT chargeable
event occurs when the investment related works’ situation is fully
accepted by the UAT, respectively on the signing date of the
acceptance minutes by which the investment, defined by the ex-ISPA
Financing Memorandum, is handed over by the water operators to the
UAT, but not later than 120 working days from:
5. The approval of the templates of certain forms regarding the granting of fiscal facilities
6. decision of the Central Tax Commission regarding the occurrence of the VAT chargeable Event in case of certain investments financed from ex-
ISPA funds
LEGAL & TAX | NEWS
Noiembrie 2011
12
- The communication date of the final payment request for ex-
ISPA projects approved before November 2003, with completed
works until June 30th, 2011 and final payment request submitted
with the European Commission until June 30th, 2011;
- The date of the minutes concluded between the water operator
and the contractors, which proves the completion of the works
until December 31st, 2011, for ex-ISPA projects approved before
2003, with final payment requests submitted with the European
Commission until June 30th, 2011, but with works undergoing
completion until December 31st, 2011;
- The communication date of the final payment request for ex-
ISPA projects approved after November 2003, with works
completed as at December 31st, 2011 and with final payment
request submitted with the European Commission until June 30th,
2006.
Order No. 3.294 (the “Order”) of the President of the National Agency
for Fiscal Administration regarding the competency for performing the
verification of the personal tax situation was published in the Official
Gazette of Romania, Part I No. 747 of October 25th, 2011. The Order
entered into force on October 25th, 2011.
The Order provides that the competent structure within the National
Agency for Fiscal Administration for performing the verification of the
personal tax situation, throughout the country, is the Tax Verification
Department.
7. Competency for performing the verification of the personal tax situation
LEGAL & TAX | NEWS
Noiembrie 2011
13
Order No. 3.347 (the “Order”) of the President of the National Agency for
Fiscal Administration for the approval of certain procedures for applying art.
781 para. (1), letter a) of the Fiscal Procedure Code, as well as for the
approval of the template and content of certain forms was published in the
Official Gazette of Romania, Part I No. 754 of October 26th, 2011. The Order
entered into force on October 26th, 2011.
The Order approves the following procedures and forms:
- The Procedure for declaring taxpayers inactive, which establishes the
conditions under which taxpayers are included in the list of taxpayers
declared inactive, the terms in which the list of taxpayers declared
inactive is prepared, as well as the recurrence of declaring taxpayers
inactive;
- The Procedure for the reactivation of taxpayers declared inactive,
which provides specific requirements to be fulfilled by taxpayers in
order to be reactivated, as well as the recurrence related to the
reactivation procedure;
- The Procedure for correcting material errors, which details the
manner in which material errors are corrected in case of taxpayers
declared inactive, either ex officio or at the request of the taxpayer;
- The Procedure regarding the removal of deregistered taxpayers from
the record of taxpayers declared inactive;
- The form “Decision to declare the inactivity”;
- The form “Decision to reactivate”;
- The form “Decision to cancel the decision to declare the inactivity”;
- The form “Decision to reject the reactivation request/material error
correction”;
- The form “Notice regarding the fulfilment of the requirements for being
declared inactive according to the provisions of art. 781 para. (1) letter
a) of the Government Ordinance No. 92/2003 regarding the Fiscal
Procedure Code”;
- The form “Notice regarding discrepancies between the provided
documents and the fiscal record”.
Upon the Order’s entry into force, Order No. 819/2008 of the President of
the National Agency for Fiscal Administration for the approval of the
Procedure for declaring taxpayers inactive is repealed.
8. Approval of certain procedures regarding inactive taxpayers, as well as of the template and content of certain
forms
LEGAL & TAX | NEWS
Noiembrie 2011
14
Order No. 2.696 (the “Order”) of the Minister for Public Finances
regarding the approval of the template and content of the forms
necessary for requesting and communicating the data registered in the
tax offence record, the manner of organising, managing and accessing
the information in the tax offence record was published in the Official
Gazette of Romania, Part I No. 756 of October 27th, 2011. The Order
entered into force on October 27th, 2011.
The Order approves the template and content of the following forms:
- Form 500 “Registration Form in the tax offence record”;
- Form 501 “Form for updating the registrations in the tax offence
record”;
- Form 502 “Request for the issuance of the tax offence record”;
- Form 503 “Request for the correction of the data registered in the
tax offence record”;
- Form 504 “Certificate of tax offence record”;
- Form 505 “Form for the registration in the tax offence record of
entailing the joint liability with the debtor declared bankrupt or
insolvent”;
- Form 506 “Form for the registration of the fiscal inactivity in the
tax offence record”;
- Form 507 “Form for the update of the registrations regarding the
entailing of the joint liability with the debtor declared bankrupt or
insolvent in the tax offence record”;
- Form 508 “Form for the update of the registrations regarding the
fiscal inactivity in the tax offence record”.
9. Approval of the new forms for the issuance of the tax offence record and of the new procedure for the registration and update of the data from the tax offence record
LEGAL & TAX | NEWS
Noiembrie 2011
15
The Order also implements a new procedure for the registration and
update of the data in the tax offence record. As opposed to the previous
regulation, this procedure includes special provisions regarding:
- The registration in the tax offence record of the entailing of the
joint liability with the debtor declared bankrupt or insolvent;
- The registration in the tax offence record of the fiscal inactivity for
legal entities declared inactive/authorised representatives of legal
entities declared inactive for failure to submit fiscal
statements/declared inactive by the tax inspection activity;
- The removal of the acts sanctioned as criminal offences
registered in the tax offence record;
- The removal of the acts sanctioned as offences, others than
those related to the excisable products regime, registered in the
tax offence record;
- The removal of the acts sanctioned as offences to the excisable
products regime registered in the tax offence record;
- The removal of the situations regarding the entailing of the joint
liability with the debtor declared bankrupt or insolvable,
registered in the tax offence record;
- The removal of the situations regarding the fiscal inactivity,
declared for the failure to submit fiscal declarations, registered in
the tax offence record of the reactivated legal entity/authorised
representatives of the reactivated legal entity;
- The removal of the situations regarding the fiscal inactivity,
declared by the tax inspection activity, registered in the tax
offence record of a reactivated legal entity/authorised
representative of the reactivated legal entity.
As of the Order’s entry into force, Order No. 260/2007 regarding the
approval of the template and content of the forms necessary for
requesting and communicating the data registered in the tax offence
record is repealed.
LEGAL & TAX | NEWS
Noiembrie 2011
16
Order No. 2.706 of the Minister for Public Finances (the “Order”) for the
amendment of Order No. 262/2007 of the minister for public finances
regarding the approval of the forms for the taxpayers’ fiscal registration,
as further amended and completed was published in the Official
Gazette of Romania, Part I No. 761 of October 28th, 2011. The Order
entered into force on October 28th, 2011.
The Order approves a new template and content for the following
forms:
- form “Statement for fiscal registration/Statement for amendments
for legal entities, associations and other entities without legal
personality (010)”;
- form “Statement for fiscal registration/Statement for amendments
of natural entities performing independent economic activities or
exercising a liberal profession (070)”.
According to the Order, the contribution for the financing of certain
expenses in the health field is included in the category of fiscal
liabilities to be reported, permanently, and registered in the fiscal
vector.
As of the Order’s entry into force, any contrary provision is repealed.
Order No. 2.677 of the Minister for Public Finances (“Order”) for the
amendment of the annex to Order No. 1.853/2011 for the approval of
the Procedure for the application of the provisions of Government
Emergency Ordinance No. 29/2011 regarding the granting of payment
rescheduling was published in the Official Gazette of Romania, Part I
No. 764 of October 31st, 2011. The Order entered into force on October
31st, 2011.
The Order approves a new Procedure for the application of the
provisions of the Government Emergency Ordinance No. 29/2011
regarding the granting of payment rescheduling (the “Procedure”).
10. Approval of certain forms regarding the fiscal registration of taxpayers
11. Amendments to the procedure for the granting of payment rescheduling of fiscal
liabilities
LEGAL & TAX | NEWS
Noiembrie 2011
17
The main amendments brought by the Procedure refer to the following
aspects:
- Establishing the manner of granting payment facilities,
respectively by payment rescheduling of the fiscal liabilities, at
the request of the taxpayer, excluding late payment penalties
related to the fiscal debts rescheduled for payment, for which
deferred payment is granted, according to the law, for their
annulment, until the last payment term from the payment
reschedule granted;
- In case of taxpayers which have established fiscally registered
secondary offices, the request for the granting of the payment
rescheduling shall be submitted by the taxpayers both for their
due fiscal liabilities and for those of their secondary offices;
- In case the taxpayer’s request regarding the granting of the
payment rescheduling of the fiscal liabilities is approved, the
competent fiscal authority shall issue, along with the decision for
the payment rescheduling of fiscal liabilities, a decision for the
payment deferral of the late payment penalties;
- For taxpayers which have established fiscally registered
secondary offices, the fiscal liabilities of the taxpayer, the income
tax on salaries due by each of its secondary offices, as well as
the total liabilities shall be registered within the Tax Assessment
Note, according to a new template approved by the Procedure;
- After verifying whether the requirements regarding the granting
of the payment rescheduling are met and after the issuance by
the competent fiscal authority of the related report, the fiscal
authority prepares either an agreement in principle establishing
the rescheduled period, the date until which the security is
available in case it is established as a letter of bank guarantee,
as well as the amount of the security, specifying the amounts
rescheduled for payment, the amounts deferred for payment, the
interests due for the payment rescheduling period, including the
percentage corresponding to the rescheduled period, applied to
the total amounts rescheduled and deferred for payment, or a
decision for rejecting the request for the granting of fiscal
payment rescheduling of fiscal liabilities. As an exception, the
fiscal authority does not issue the agreement in principle, but it
LEGAL & TAX | NEWS
Noiembrie 2011
18
issues directly the decision for the granting of payment
rescheduling of fiscal liabilities and the decision for the payment
deferral of late payment penalties based on the aforementioned
report, for the following taxpayers:
Public institutions;
Natural entities requesting payment facilities for fiscal
liabilities up to RON 5,000;
Legal entities requesting payment facilities for fiscal liabilities
up to RON 20,000.
- Depending on the securities’ format, their value shall be different,
as they shall need to cover different amounts;
- In case of taxpayers which have established fiscally registered
secondary offices, the taxpayer shall pay the rescheduling
instalments, except the income tax on salaries, which shall be
paid by the secondary office compelled to register from a fiscal
standpoint as payer of salaries and incomes assimilated to
salaries;
- In the situation where, after the issuance of the decision for the
payment rescheduling of fiscal liabilities/decision for the payment
deferral of late payment penalties, material errors are
ascertained in their content, based on the documents attesting
this situation, as well as in case more than three instalments
from the payment reschedule graphic are paid in advance, the
competent fiscal authority issues a decision for the amendment
of the decision for the payment rescheduling of fiscal
liabilities/decision for the payment deferral of late payment
penalties.
The Procedure provides, as transitory provision, that for taxpayers
which benefit from ongoing payment rescheduling of fiscal liabilities on
November 5th, 2011, the late payment penalties and 50% from the late
payment additions related to the fiscal liabilities rescheduled for
payment shall be deferred for payment for their cancellation.
LEGAL & TAX | NEWS
Noiembrie 2011
19
bpv|GRIGORESCU ŞTEFĂNICĂ is a Romanian law firm and the result
of a successful merger between the law firms bpv GRIGORESCU and
Ştefănică & Florea. The firm provides highquality, personalized legal
services to international and local clients.
bpv|GRIGORESCU ŞTEFĂNICĂ is currently staffed by Romanian
qualified lawyers with strong local and international academic
background and practical professional experience. The team is
multilingual with excellent collective capabilities in Romanian, English,
German and French.
bpv|GRIGORESCU ŞTEFĂNICĂ advises comprehensively in the
following areas of law:
Corporate and M&A
EU and Competition Law
Real Estate and Construction
Banking and Finance
Intellectual Property
Employment
Tax
Energy, Infrastructure and Projects
Public Sector, Procurement and Concessions
Litigation and Arbitration
bpv|GRIGORESCU ŞTEFĂNICĂ is a founding member of
bpv|LEGAL, an alliance of independent commercial law firms
represented in Bratislava, Brussels, Bucharest, Budapest, Prague and
Vienna, which offers cross-border legal advisory services to clients in
Central and Eastern Europe. Our alliance enables us to have access to
an extensive pool of international expertise across many industries and
jurisdiction and to offer our clients a homogenous high level of quality
service and responsiveness throughout the region.
bpv GRIGORESCU ŞTEFĂNICĂ
ABOUT US
LEGAL & TAX | NEWS
Noiembrie 2011
20
Alexandru Rusu Partner [email protected] Raluca Marcu Senior Associate [email protected] Christina Costa Public Relations and Communications Manager [email protected] bpv GRIGORESCU ŞTEFĂNICĂ 33 Dionisie Lupu Street RO - 020021 Bucharest Tel. +40 21 264 16 50 Fax +40 21 264 16 60
Should you require any further information on the topics presented in this newsletter, please feel free to contact:
Disclaimer
bpv GRIGORESCU ŞTEFĂNICĂ Legal & Tax Newsletter is a regular information service provided by bpv | GRIGORESCU ŞTEFĂNICĂ. This material is for information purposes only and does not constitute legal advice. We recommend that you seek legal advice before taking or implementing any decision on the basis of the information contained in this material. We welcome your feedback and suggestions for improving this publication at any of the contact details listed above. bpv GRIGORESCU ŞTEFĂNICĂ Legal & Tax Newsletter may be accessed at or downloaded from the section Publications of our website www.bpv-grigorescu.com.
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