Government: Fiscal-budgetary measures regarding RO e-Factura and RO e-TVA, profit tax, income tax, excise duties

 The government approved, by emergency ordinance, fiscal-budgetary measures related to the IT systems RO e-Invoice and RO e-TVA, as well as to the profit and income tax, VAT and excises.According to a press release from the Executive, the measures included in the normative act are aimed at "improving the functioning of the IT systems RO e-Invoice and RO e-TVA, thus responding to the requests of the business environment".Among these measures regarding RO e - Invoice are: clarifying the fact that identification by CNP is optional and regulating the entry on the invoice of a code consisting of 13 digits of zero instead of the fiscal identification code of the beneficiary - natural person, if he does not communicate any code; restricting the operations for which the use of this system is mandatory only to operations with the place of delivery/performance from the point of view of VAT in Romania; elimination of the exception from the obligation to use the system for simplified invoices (other than fiscal receipts).Also, the obligation is introduced regarding the registration in the invoices issued for the operations carried out on the basis of public/sectoral procurement contracts, etc. of the corresponding CPV codes from the reference nomenclature in the field of public procurement; repealing the provisions regarding the use of the RO e-Invoice system for invoices issued for holiday vouchers to their holders.Regarding the RO e-TVA system, it is stipulated "the postponement of the obligation of taxable persons to transmit the results of the checks carried out on the differences communicated through the "Notification of RO e-TVA compliance" by ANAF, and implicitly the sanction for failure to fulfill this obligation, from 1 January 2025 to July 1, 2025"."It is also clarified the highlighting of VAT collected through self-invoicing, in the case of investment objectives within programs of public or social interest, financed from public funds, which are handed over free of charge to beneficiaries, in the sense that taxable persons who implement such programs and have after deducting VAT for purchases, they must issue a self-invoice," the quoted source added.The Ordinance also includes changes in the field of profit tax, including: the technical clarification regarding the allocation of debt costs in the case of financing by affiliated persons of the acquisition/production of assets provided for by law, necessary for the conduct of taxpayers' activities; exempting taxpayers from the banking (credit institutions) and oil fields, who pay additional taxes on turnover, at the same time as profit tax, from paying the minimum tax on turnover (IMCA), in order to avoid double taxation.At the same time, for the additional taxes on turnover, clarifications are made for their payment, if the taxpayers are part of a tax group.Regarding the income tax, the normative act regulates the rules regarding the calculation and declaration of this tax "in the case of income from the transfer of the use of goods, paid by legal entities or other entities that have the obligation to keep accounting records, in the situation where the income is paid exclusively in nature, as well as in the case of sums representing a guarantee, used for the payment of the rent established by the contract"."In these situations, the obligations to establish the annual net income, to calculate, declare and pay the tax fall to the owner, usufructuary or other legal holder by submitting the Single Declaration regarding the income tax and social contributions owed by natural persons, until the 25 more inclusive of the following year of income realization. The measure takes into account the fact that in these situations, the income payer finds it impossible to withhold income tax at source," the Government says.Also, among other measures contained in the normative act, there is the establishment of transitional provisions "clarifying the applicable tax regime, as well as the obligations to declare, calculate and pay income tax in the case of income from the transfer of the use of goods, other than those from the leasing of agricultural goods and from the rental for tourist purposes of rooms located in privately owned homes, paid for by legal entities or other entities that have the obligation to keep accounting records, in the situation where the rent, related to a contractual period subsequent to January 1, 2024, was paid in advance until December 31, 2023 inclusive".Other measures refer to the clarification of the applicable fiscal regime in the case of pension income obtained from abroad, in the sense that they are subject to taxation by applying the tax rate of 10% on the monthly taxable income established by deducting from the pension income the non-taxable monthly amount of 3,000 RON.In the field of VAT, the normative act introduces the obligation to enter in the simplified invoice the fiscal identification code of the beneficiary if he is a taxable person or a non-taxable legal entity, as well as to make a technical correction regarding the self-invoice issued to adjust the taxable base.Regarding excise duties, measures are being instituted to combat evasion in the field of excisable products, such as "the creation of obligations to declare operations and guarantee excise duties (120%) for registered recipients and economic operators registered with the competent authority for distribution and wholesale without storage of excisable products that present a high fiscal risk according to criteria established by joint order of the president of ANAF and AVR and which holds and releases for consumption excisable products from a fiscal warehouse belonging to a third party".It is also provided for "the introduction of the obligation for registered recipients and economic operators registered with the competent authority for the distribution and wholesale trade without storage of excisable products that present a high fiscal risk and who hold and release for consumption excisable products from a fiscal warehouse owned by a third party , to notify the competent authority, at least 3 calendar days before the exhaustion of the amount of excisable products entered in the declaration on your own responsibility," the Executive also mentions.Failure to submit the declaration on one's own responsibility and failure to guarantee the payment of excise duties will be criminalized as crimes."Other changes are made to the indicators regarding the ceilings specific to the fiscal-budgetary framework 2024 in the sense of updating the ceilings for the indicators specific to the fiscal framework 2024, the balance of the budget deficit, the public debt, social assistance expenses, health, capital expenses", states the quoted source.