- The draft law of the Ministry of National Economy and Finance includes several important provisions.
- The new myDATA system and penalties for non-electronic transmission of expenses are included in the draft law.
- Article 4 of the draft law introduces the universal application of electronic books (myDATA) to ensure that reported revenues are not lower than electronically transmitted revenues to the Independent Authority for Public Revenue (AADE).
- Only expenses that have been electronically transmitted to the myDATA digital platform are considered for tax purposes.
- Exceptions and deviation percentages from this provision can be determined by the AADE Director.
- Article 9 extends the deadline for entities to choose exclusive use of electronic invoicing until December 31, 2024.
- The proposed provisions include changes to Article 15A of the Tax Procedure Code, which mandates electronic transmission of information to AADE.
- Entities are required to electronically transmit data of accounting records, accounting books, electronic tax mechanisms, tax memos, and files created by electronic tax mechanisms to AADE.
- The value of taxable transactions and revenues considered by the Tax Administration for VAT and income tax purposes cannot be lower than those resulting from electronically transmitted documents to AADE.
- Tax deductions and expenses are not taken into account if the supporting documents have not been electronically transmitted to AADE.
- The Minister of National Economy and Finance, upon recommendation of the AADE Director, will determine the transmission time, scope, specific obligations, and exceptions for different sectors until they have the necessary electronic infrastructure.
- The AADE Director will determine the procedures and details for implementing the obligations of entities.
Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.