Perspectives on VAT and other fiscal regulations

Luisiana Dobrinescu, Lawyer and Founder of Dobrinescu Dobrev SCA and Anca Grigore, Consultant within Dobrinescu Dobrev SCA, discuss the recent fiscal changes, how they impact companies and how they position Romania in the European frame

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Anca Grigore

ANCA GRIGORE

CONSULTANT at DOBRINESCU DOBREV SCA


Luisiana Dobrinescu

LUISIANA DOBRINESCU

DOBRINESCU DOBREV SCA

1. What are the most common grounds of fiscal litigations this year?

The current economic climate has made the Romanian tax authorities more aggressive in their approaches in all the fields covered by the tax legislation, from the classic profit tax and VAT, to more specific areas such as customs and excise duties or environment fund contributions. In this context, we note that the taxpayers feel a strong pressure coming from the tax authorities and are more willing or more in need to react and challenge the position of the tax authorities. From our experience, such disputes are either solved during a tax audit, if the taxpayer is well prepared and preferably assisted by a specialist (this would be the best scenario), or in the course of a judicial procedure in court (rather lengthy – up to 2 years).

 

The most usual fiscal matter which have been going on trial lately include:

  • VAT in various contexts, such as VAT charged to individuals on the sale of immovable property, refusal of VAT deductibility during the investment period, challenging the VAT exemptions for intra-Community or export operations, due to the failure of the taxpayer to meet certain strict documentation requirements etc;
  • requalification of the nature of some transactions – impacting on both income tax and profit tax, following the substance over form principle regulated by art. 11 of the Romanian Fiscal Code, recently improved.

 

2. Which are the main fiscal changes impacting SMEs in the current Fiscal Code and what improvement would you see most proper in this respect?

This half of the year came with many important changes brought to the Romanian fiscal legislation and several other changes are expected to come, such as the flat tax in specific areas (for example hotels industry, restaurants, auto repair services) which will surely affect many SMEs.

 

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WRITTEN BY THE SAME AUTHOR:


LUISIANA DOBRINESCU

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ANCA GRIGORE

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