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Tax alert No. 15/24 December 2008

Amendments to the Fiscal Code Norms

Decision 1618/4 December 2008 amends the Norms for the application of the Fiscal Code. Significant changes include amongst others the following:

VAT

- The Norms extend until 1 January 2012 the provision according to which the fiscal group is applicable to large taxpayers only.

- The provisions regarding the commissionaire structure, payments made in the name and on behalf of the customer and amounts cashed on behalf of another person have been clarified.

- The Norms introduce clarifications regarding the application of the 5% VAT rate to social housing. For the qualifying supplies, the seller may apply the 5% VAT rate only if provided by the buyer with a notarised declaration stating that the conditions mentioned in the law for the application of the reduced rate are met.

- For the purpose of the supplies of buildings and land on which they stand, representing a single property as per the land registry, applicable VAT treatment shall be given either by the building or the land provided that it has the highest value.

- Upon sale, the classification of land as building land should be made in accordance with the urbanism certificate.

- The conditions for VAT deduction have been completed, the new provisions allowing the deduction based on invoices transmitted by electronic means.

- According to the clarifications brought by the Norms, in case of supplies without right of deduction for which the supplier has erroneously charged VAT, the customer would not benefit from deduction of such VAT. The supplier would be required to correct the invoice accordingly.

- The Norms detail and clarify the adjustment scheme for input VAT deduction applicable to immovable assets and related modernisations made prior to 1 January 2007, which are subject to supply or rental.

Excise duty

- The new provisions clarify that the "additivation" of energy products under excise duty suspension regime may be performed in a storage fiscal warehouse.

- The Norms detail the procedure, conditions and documentation for obtaining the Final User Authorisation by the persons acquiring energy products subject to specific exemptions mentioned by Article 1754 of the Fiscal Code. The person applying for the Final User Authorisation should also set up a guarantee for such purposes.

- Moreover, authorised final users would be liable to submit to the fiscal authority, by the 15th of the next month, a special reporting declaration; failure to comply with such obligation would lead to the revocation of the authorisation.

- The Norms provide that fiscal warehouses authorised for the production of energy products may receive bioethanol under the excise duty suspension regime for production purposes. Further to the request of the warehousekeeper, the warehousing authorisation would be up-dated accordingly.

- The authorisation for production fiscal warehouses would detail the excisable products to be acquired as raw materials under the excise duty suspension regime, as well as the finished products produced in the fiscal warehouse.

- The possibility to obtain a refund of the excise duties paid for products subject to harmonised excise duties, released for consumption in Romania, has been extended to products returned to fiscal warehouses from another EU Member State or a non-EU country. The Norms detail the related refund procedure.

- The guarantee set up by the fiscal warehouse-keeper upon the authorisation of the fiscal warehouse may be executed if the excise duty payment obligations have not been fulfilled. The execution of the guarantee shall trigger the suspension of the warehouse authorisation until the guarantee is reconstituted.

- For the purpose of applying the excise duty exemption as per Article 201 of the Fiscal Code for supplies of fuel to aircrafts from other EU Member States, a certificate issued by the relevant authorities from the other Member State is not required.

- The Norms provide clarifications regarding the movement of energy products to be used as engine fuel by aircrafts, in the light of the excise duty exemption mentioned under Article 201 of the Fiscal Code. The application of the exemption for supplies of fuel to aircrafts is also detailed.

- The excise duty regime applicable to bio-fuel has been amended. Amongst other changes, a total exemption from excise duty is provided in case of engine fuel produced fully from bio-mass, and a reduced excise duty rate is available if the engine fuel contains minimum 4% of bio-mass.

- The application for the authorisation of production fiscal warehouses should be accompanied by the procedures manual including the operational flows and the output efficiency of the production equipment.

- The authorised warehouse-keepers should up-date the documentation accordingly by 31 March 2009, as well as submit the authorisations to the tax authorities for the purpose of being up-dated with the excisable products acquired under the excise duty suspension regime and used as raw materials. Failure to comply with such obligation would lead to the revocation of the authorisation.

(Decision 1618/4 December 2008 published in Official Gazette 865/22 December 2008)

 

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Tags: suspension under regime warehouse production authorisation products excise norms fiscal application supplies would deduction december

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