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VAT Changes: Limitations Right to deduct VAT, AEO Certificate, Sugar Definition Reformulation

Emergency Ordinance no. 115/2023, published on December 15 in the Official Gazette with no. 1139, regarding some fiscal and budgetary measures in the field of public spending, for fiscal consolidation, combating fiscal evasion, for the modification and completion of some normative acts as well as for the extension of some deadlines

  • Starting from a certain date, the right to deduct tax related to buildings/living spaces used for non-economic activities is limited to 50%.
  • After January 1, 2024, only those with an AEO certificate can defer VAT payment to customs.
  • Economic operators with imports of at least 50 million lei in the last 6 months can apply for the certificate, provided they have no outstanding budgetary obligations.
  • The definition of “added sugar” for non-harmonized excise duty and standard VAT rate is clarified to include sugar-like products.
  • Milk powder for newborns, infants, and young children is exempt from the category of foods with added sugar.

Source EY

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