Official Gazette No. 179 of 5 March 2024 implemented law No. 33/2024. Amongst other, this law implements the VAT Directive 2020/284 (CESOP) in Romania.
Unofficial translation
After article 321, a new article, art. 321, is introduced with the following content:
General obligations of payment service providers Article 321.
(1) For the purposes of this article, the following definitions apply:
- a) Payment service provider means any of the categories of payment service providers provided for in articles 2(a)—d) of Law no. 209/2019 on payment services and amending certain normative acts;
- b) Payment service means any of the activities provided for in article 7(1) lit. c)—f) of Law no. 209/2019;
- c) Payment means, except for the operations provided for in article 4(1)—(4) and article 105 of Law no. 209/2019, a payment transaction, within the meaning of the definition in article 5(1) point 36 of Law no. 209/2019, or a money remittance, within the meaning of the definition in article 5(1) point 47 of Law no. 209/2019;
- d) Payer means payer within the meaning of the definition in article 5(1) point 41 of Law no. 209/2019;
- e) Payment beneficiary means payment beneficiary within the meaning of the definition in article 5(1) point 6 of Law no. 209/2019;
- f) Member State of origin means member state of origin within the meaning of the definition in article 5(1) point 55 of Law no. 209/2019;
- g) Host Member State means host member state within the meaning of the definition in article 5(1) point 56 of Law no. 209/2019;
- h) Payment account means payment account within the meaning of the definition in article 5(1) point 11 of Law no. 209/2019;
- i) IBAN means IBAN within the meaning of the definition in article 2 point 15 of Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009;
- j) BIC means BIC within the meaning of the definition in article 2 point 16 of Regulation (EU) No 260/2012.
(2) Payment service providers are obliged to keep records of payment beneficiaries and payments related to payment services they provide for each calendar quarter, in order to enable competent tax authorities to carry out checks on the supply of goods and the provision of services which, in accordance with the provisions of Chapter V of this title, are considered to take place in Romania, with a view to achieving the objective of combating VAT fraud.
(3) The obligation provided for in paragraph (2) applies only to payment services provided in relation to cross-border payments. A payment is considered to be cross-border where the payer is in one Member State and the payment beneficiary is in another Member State, a third territory, or a third country.
(4) The obligation incumbent on payment service providers under paragraph (2) applies where, during a calendar quarter, a payment service provider provides payment services corresponding to more than 25 cross-border payments to the same payment beneficiary. …
(5) The number of cross-border payments provided for in paragraph (4) is calculated with reference to the payment services provided by the payment service provider for each Member State and for each identification element as provided for in paragraph (10). If the payment service provider has information that the payment beneficiary has multiple identification elements, the calculation is made per beneficiary of the payments.
(6) The obligation provided for in paragraph (2) does not apply to payment services provided by payment service providers of the payer for any payment when at least one of the payment service providers of the beneficiary is in a Member State, as evidenced by the BIC code of the payment service provider or any other commercial identification code that unequivocally identifies the payment service provider and its location. However, the payment service providers of the payer include those payment services in the calculation provided for in paragraphs (4) and (5).
(7) If the obligation provided for in paragraph (2) applies to payment service providers, the records: a) are kept by the payment service provider in electronic format for a period of three calendar years from the end of the calendar year of the payment date; b) are made available to the competent tax authority, in accordance with Article 24b of Regulation (EU) No 904/2010 of the Council of 7 October 2010 on administrative cooperation and combating fraud in the field of value-added tax, where Romania is the Member State of origin or host member. Making the records available is done through a standard electronic form by the end of the month following the expiration of the calendar quarter to which the information refers. The end of the month following the end of the calendar quarter is considered to be the last calendar day of that month, even if it is a non-working day.
(8) The procedure for making the records available provided for in paragraph (7) point b) is approved by order of the President of the National Agency for Fiscal Administration.
(9) In applying paragraph (3) and without prejudice to the provisions of Chapter V of this title, the location of the payer is considered to be in the Member State corresponding to: a) the IBAN code of the payer’s payment account or any other identifier that unequivocally identifies and provides the location of the payer or in the absence of such identifiers; b) the BIC code or any other commercial identification code that unequivocally identifies and provides the location of the payment service provider acting on behalf of the payer.
(10) In applying paragraph (3), the location of the payment beneficiary is considered to be in the Member State, in the third territory or in the third country corresponding to: a) the IBAN code of the payment beneficiary’s payment account or any other identifier that unequivocally identifies and provides the location of the payment beneficiary or in the absence of such identifiers; b) the BIC code or any other commercial identification code that unequivocally identifies and provides the location of the payment service provider acting on behalf of the payment beneficiary.
(11) The records kept by payment service providers under paragraphs (2) to (7) contain the following information:
- a) the BIC code or any other commercial identification code that unequivocally identifies the payment service provider;
- b) the name or commercial name of the payment beneficiary, as it appears in the records of the payment service provider;
- c) if available, any VAT registration code or other national tax code of the payment beneficiary;
- d) the IBAN code or, in the absence of the IBAN code, any other identifier that unequivocally identifies and provides the location of the payment beneficiary;
- e) the BIC code or any other commercial identification code that unequivocally identifies and provides the location of the payment service provider acting on behalf of the payment beneficiary, if the beneficiary receives funds without having a payment account;
- f) if available, the address of the payment beneficiary, as it appears in the records of the payment service provider;
- g) details of any cross-border payment, as provided for in paragraph (3); h) details of any refund of a payment, as identified as related to cross-border payments referred to in point g).
(12) The information provided for in paragraph (11) points g) and h) contains the following details:
- a) the date and time of the payment or refund;
- b) the value and currency of the payment or refund;
- c) the Member State of origin of the payment received by or on behalf of the payment beneficiary, the Member State of destination of the refund, where applicable, as well as the information used to determine the origin or destination of the payment or refund in accordance with the provisions of paragraphs (9) and (10);
- d) any reference that unequivocally identifies the payment; e) where applicable, information that the payment is initiated at the physical premises of the merchant.”
Source Official Gazette
