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Further changes to the Tax legislation in early October

Monitorul Oficial al Romaniei No 688 / 5 October 2012 has published Order No 1436 / 28 September 2012 of the President of the National Tax Administration Agency approving the procedure of registering, upon request, for value added tax purposes in compliance with Art.153 (91) (b) – (d) of Law No 571 / 2003, regarding the Tax Code, as well as the model and content of some forms.

Under this Order, companies may register again for VAT purposes if their tax number has been annulled in any of the cases specified by Art.153 (9) (c) – (e):

• They have not submitted any VAT return in the course of six calendar months, although they have not been inactive or temporarily inactive;

• They have recorded neither acquisitions of goods / services, nor supplies of goods / services during reporting  periods;

• Their shareholders or administrators have committed offences that have been evidenced in their tax records.

The Order provides for specific procedures for a new registration for VAT purposes, subject to the reason why the VAT number has been annulled.  However, it also sets out common rules, such as the procedure for submitting a special application for registration as VAT payer, i.e. the new Form 099.

The Order becomes effective as of the date of its publication in Monitorul Oficial.

Monitorul Oficial No 691 / 8 October 2012 has published Law 162 / 2012 approving of Government Ordinance No 2 / 2012 which amends and supplements Government Ordinance No 92 / 2003, regarding the Tax Procedure Code.

This Law suspends until 1 January 2014 the obligation of taxpayers that are legal entities to have their annual tax returns certified by a tax consultant, excepting the entities for which auditing is mandatory.

TAX ALERT by Mazars Consulting / MAZARS ROMANIA

* Note: You may find Romanian, German and French versions of the newsletter in Mazars’ archive

* TAX ALERT contains a selection of the latest major issues occurred in the Romanian legislative framework, is intended only to provide information and, hence, shall not be deemed to provide professional advice or consultancy.  Therefore, we assume no responsibility in this respect.

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