|  27.07.2015

Amendments brought to the Tax Procedure Code

Law no 207/2015 regarding the enactment of Tax Procedure Code, published in the Official Gazette no. 547 of 23 July 2015.

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Tax Alert

The Law no. 207/2015 enacting a New Tax Procedure Code was approved and published in the Official Gazette.
The new Tax Procedure Code shall become effective starting with 1 January 2016 and will apply to the administrative procedures started after this date.

Main amendments

In dubio contra fiscum

The new provisions, provides 5 new main interpreting principals of the tax law. If after applying this interpretation rules, there still are unclarities it will be applicable the rule of interpretation of the tax provisions in the favor of the tax payer (in dubio contra fiscum).

The lack of jurisdiction of the tax body sanctioned with the nullity of the deed

The new provisions sanction with voidances the issuance of an administrative tax deed by breeching the regulations regarding the jurisdiction.

The possibility of the tax body to issue a new administrative deed following the voidance of the initial deed

The new tax procedure code provided the possibility of the tax body to issue a new administrative deed in the event that initial one was voided. This possibility is limited however by the fulfillment of the status of limitation or in the event the voidance was due to issue in fact flaws concerning the deed.

New reporting obligations of the financial institutions

New obligations concerning reporting are enacted concerning the financial institutions with respect to the fulfillment by the Romanian State of the obligations regarding the information exchange at the European Union level or at the level of international treaties.

Alteration of the settlement term for the applications

The settlement term of the applications submitted by the tax payers is altered to 90 days in the event a tax audit is required for settling the applications. Also there are introduced new cases of extending this interval by the tax authority.

Extension of the cases when a tax payer is declared as inactive

The tax payers may be declared inactive also in the event the period of existence of a company has expired, the company does not have statutory bodies, or the period for holding the space required for the headquarters has expired. The tax payer will be notified by 30 days before being declared as inactive in the last two cases provided above.

The alteration of the date form which the status of limitation starts

For all the tax liabilities was set a single moment for staring of the status of limitation period, as of 1st of July of the next year for which the tax liabilities are owed.

The suspension of the status of limitation period only during the tax audit

Performing a tax audit will suspend the period of the status of limitation, concerning the tax body right to set tax liabilities, only for the legal period of the tax audit.

Alterations concerning the length period of the tax audit

The tax audit was differenced considering the tax payer category (180 days large tax payers, 90 days middle tax payers, 45 days other tax payers).

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