Tax Flash no. 26
02 July 2020
Order No. 2056/2020 for the amendment and completion of the Norms on the procedure for granting the certificate for deferred payment of VAT in customs and and issuance of the guarantee for imports of goods, approved by Order of the Minister of Public Finance No. 4.121/2015
According to the order, the following amendments are provided:
- Is introduced the provision according to which the certificate for deferred payment of VAT in customs issued to taxable persons that are registered for VAT purposes and have obtained a certificate of authorised economic operator, is valid only when the goods are declared by using the procedure of registering in the records.
- The provision stating that the customs office grants the release for imported goods without requesting the effective payment of value added tax and keeps on the customs declaration a copy of the certificate verified and endorsed on the basis of the hard copy submitted by the importer, is repealed.
- Is introduced the possibility that the guarantee for the import of goods in Romania which have been transported from a third territory or a third country, where the supply of such goods by the importer represents an exempt supply, may consist in: a) a cash deposit or its equivalent; b) the commitment of a guarantor.
Government Emergency Ordinance no. 107/2020 regarding the amendment of art. II of the Government Ordinance no. 5/2020 for the amendment and completion of Law no. 207/2015 on the Fiscal Procedure Code and for the extension of certain deadlines
The emergency ordinance provides the following amendments:
- Extends until February 28th 2021, the deadline within the relevant intermediaries or taxpayers report the cross-border arrangements that are the subject of reporting whether the first step in the implementation process was carried out between June 25th 2018 and June 30th 2020.
- The deadline of 30 days within intermediaries report to N.A.F.A. information of which they have become aware or which are in their possession or control, related to cross-border arrangements subject to reporting, is extended and shall begin no later than January 1 st 2021 for the crossborder arrangements subject to reporting available for implementation or that are prepared for implementation or for which the first step in the implementation process is carried out during July 1 st 2020 – December 31st 2020.
- The deadline of 30 days within the intermediaries provide, directly or through other persons, aid, assistance or counseling between July 1 st 2020 and December 31st 2020, shall be extended and shall begin no later than January 1 st 2021.
- In case of marketable arrangements, the intermediary shall prepare the first report by April 30th 2021.
- The deadline within the relevant taxpayer, under reporting obligation, shall report the information to NAFA, shall be extended and shall begin no later than January 1 st 2021 for cross-border arrangements subject of reporting available for implementation or ready for implementation, or for which the first step in the implementation process is carried out between July 1st 2020 and December 31st 2020.
- The deadline for the automatic exchange of information is extended until April 30th 2021.