5 Major Developments in Romania

5 Major Developments in Romania

• ECJ Customs C-640/21 (Zes Zollner Electronic) – Judgment – Amennding customs declarations and failing to declare the correct quantity of good

• Romania B2B RO e-invoicing eFactură 2024 update

• A new 9% reduced VAT rate in certain non-alcoholic beverages could be applied from 2024

• Legislative proposal with financial impact for pharma companies: VAT adjustment for certain contributions

• SAF-T reporting on Assets: Last-minute clarifications brought by ANAF

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Customs

• ECJ Customs C-640/21 (Zes Zollner Eectronic) – Judgment – Amennding customs declarations and failing to declare the correct quantity of goods

E-invoicing

• Priorities of the Ministry of Finance: Implementation of E-Invoicing, ….

• Romania may have the approval for mandatory B2B E-Invoicing, be prepared!!

• Proposal for a Council Implementing Decision authorising Romania to introduce E-Invoicing

• Romania B2B RO e-invoicing eFactură 2024 update

• Proposal to allow Romania to introduce a special measure derogating from Articles 218 and 232 (e-invoicing)

• Five key questions about e-invoicing in Romania – New Edition

• Implementation of RO e-Transport System in Romania (Oct 2022)

ECJ (European Court of Justice)

• ECJ Customs C-640/21 (Zes Zollner Electronic) – Judgment – Amennding customs declarations and failing to declare the correct quantity of goods

• ECJ C-179/23 (Credidam) – Questions – Are payments provided by law considered taxable transactions?

• ECJ C-69/23 (Streaming Services Srl) – Questions – Place of taxation of interactive sessions with Erotic content

Exemption

• Romania Provides VAT Exemption for Supplies Made to Hospitals

Fiscalization

• The Romanian government provides unattended equipment rules with updated fiscal electronic cash register decisions

• Companies can receive authorization for the distribution of cash registers in electronic format according to Romanian Order 1307/2023

Fixed Establishment

• ANAF checks on fixed and permanent offices / Other states have sent ANAF notifications for the forced execution of those in Romania / “They are a little aggressive”

Fraud / Tax Evasion

• Romania: Official Gazette published law criminalizing cross-border VAT fraud

• Imprisonment up to 15 Years for VAT Fraud in Romania

Place of Supply

• ECJ C-69/23 (Streaming Services Srl) – Questions – Place of taxation of interactive sessions with Erotic content

Rate

• A new 9% reduced VAT rate in certain non-alcoholic beverages could be applied from 2024

• VAT Guide – Romania

Real Time Reporting/Continuous Transaction Controls

• Romania may have the approval for mandatory B2B E-Invoicing, be prepared!!
• Proposal for a Council Implementing Decision authorising Romania to introduce E-Invoicing
• Proposal to allow Romania to introduce a special measure derogating from Articles 218 and 232 (e-invoicing)

Reporting / Compliance

• Infographic: A guide to VAT in Romania

• VAT Guide – Romania

SAF-T (Standard Audit File for Tax)

• SAF-T reporting on Assets: Last-minute clarifications brought by ANAF

Supply of Services

• ECJ C-69/23 (Streaming Services Srl) – Questions – Place of taxation of interactive sessions with Erotic content

Taxable Amount

• Legislative proposal with financial impact for pharma companies: VAT adjustment for certain contributions

Taxable Transaction

• ECJ C-179/23 (Credidam) – Questions – Are payments provided by law considered taxable transactions?

Tax Authorities / Penalties

• ANAF Reminds Taxpayers in Romania to Use Virtual Private Space for Communication

ViDA

• Romanian Senate: Opinion on ViDA – Principles of Subsidiarity and Proportionality