November "LEGAL & TAX" Newsletter

PUBLIC PROCUREMENT 2

EMPLOYMENT & PENSIONS 4

TAX 7

ABOUT US 19

CONTACT 20

LEGAL & TAX | NEWS

NOVEMBER 2011

LEGAL & TAX | NEWS

Noiembrie 2011

2

Order No. 553 of the president of the National Regulatory and Monitoring

Authority for Public Procurement (the “Order”) regarding the interpretation of

article 243 of the Government Emergency Ordinance no. 34/2006 regarding

the award of public procurement contracts, public works concession

contracts and services concession contracts (”GEO 34/2006”), was

published in the Official Gazette of Romania, Part I No. 735 of October 19th,

2011. The Order entered into force on its publication date.

The Order clarifies the content of the category of sectorial contracts defined

in GEO 34/2006, stating that the scope of such contracts consists in the

procurement by a contracting authority of products, services or works whose

direct or indirect intended use is for the performance of an activity within the

relevant sectors "water", "energy", "transport" and "post" (the „relevant

sectors”). The Order also includes in the same category those contracts

whose scope is represented by the procurement of products/services/works

whose intended use is for the functioning of the contracting authority from an

administrative-organizational perspective.

Moreover, the Order provides the conditions to be met in order for such

procurement contract concluded by an entity active in one or more of the

relevant sectors not to be considered as sectorial contract, and, as a

consequence, not to be subject to the procurement rules comprised in the

GEO 34/2006, as follows:

- the intended use of the products/services/works under the respective

contract must be for the performance by the respective entity of

certain activities falling outside the area of relevant sectors;

- for the purpose of concluding the procurement contract, the respective

entity is not considered as “contracting authority” within the meaning

of GEO 34/2006 based on other provisions of GEO 34/2006, as

otherwise such entity would be obliged to apply the procurement rules

comprised in the GEO 34/2006;

- in order for the exemption provisions mentioned above to be

enforceable, the envisaged entity must indicate/justify/demonstrate:

(i) the activity which falls outside the area of the relevant sectors and

(ii) the fact that the sole intended use of the products/services/works

procured is for the performance of the respective activity falling

outside the area of the relevant sectors.

The Order also provides for several examples for the purpose of a better

understanding of its provisions mentioned above.

1. Interpretation of the exemption from the public procurement rules of the procurement contracts concluded by entities activating in relevant sectors, but which do not represent sectorial contracts

PUBLIC PROCUREMENT

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Noiembrie 2011

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Government Decision No. 1.045 (“Decision”) regarding the amendment

of art. 90 para. (3) of the Government Decision No. 925/2006 for the

approval of the norms for the application of the provisions on the award

of public procurement contracts of the Government Emergency

Ordinance No. 34/2006 regarding the award of public procurement

contracts, public works’ concession contracts and services’ concession

contracts was published in the Official Gazette of Romania, Part I No.

757 of October 27th, 2011. The Decision entered into force on October

27th, 2011.

The Decision provides that, in case the contracting authority has the

capacity as public authority, public institution or economic operator with

fully or majority state-owned capital, the contractor has the obligation to

open a separate cash account available to the contracting authority with

the State Treasury unit from the fiscal authority competent for its

management. From the cash account opened with the State Treasury

on the contractor’s name, payments may be ordered both by the

contractor, with the prior written approval of the contracting authority to

be submitted with the State Treasury unit and by the State Treasury

unit at the written request of the contracting authority in whose benefit

the performance bond has been established, in the situation where the

contractor fails to fulfil its obligations under the contract.

The aforementioned provisions apply also in case of contracts under

execution on the date of the Decision’s entry into force as regards the

successive withholdings from the amounts due for partial invoices,

which are paid by the contracting authorities, provided that such

contracts do not stipulate otherwise.

As regards the amounts representing performance bonds existing on

the date of the Decision’s entry into force, in the accounts opened at

commercial banks, the Decision provides that these are used according

to the legal provisions in force on the date of their establishing.

2. Amendments regarding the establishing of the performance bond in public procurement contracts through successive withholdings from the amounts due for partial invoices

LEGAL & TAX | NEWS

Noiembrie 2011

4

Order No. 2.204 of the Minister of Labour, Family and Social Protection

on the establishing of the value of the monthly indexed amount granted

as nursery tickets for the second semester of 2011 (“Order”) was

published in the Official Gazette of Romania, Part I No. 697 of October

1st, 2011. The Order entered into force on October 1

st, 2011.

According to the Order, for the second semester of 2011, starting

October, the value of the monthly indexed amount granted as nursery

tickets is of RON 370, remaining at the level established by Order No.

159/02.02.2011 for the previous semester.

Order No. 2.205 of the Minister of Labour, Family and Social Protection

regarding the establishment of the value of the meal ticket for the

second semester of year 2011 (“Order”) was published in the Official

Gazette of Romania, Part I, No. 697 dated October 1st, 2011. The Order

entered into force on October 1st, 2011.

The Order provides that the value of a meal ticket for the first second of

the year 2011, starting October, shall be of RON 9, remaining at the

level established by Order No. 959/11.02.2011.

Order No. 2.287 of the Ministry of Labor, Family and Social Protection

and Order No. 1.378 of the Ministry of Health approving the Procedure

for investigation and diagnosis of the occupational diseases

(“Procedure”) and, also, the list of the correspondent medical services

(“Order”) was published in the Official Gazette of Romania, Part I No.

748 of October 25th, 2011. The Order entered into force on October

25th, 2011.

1. Value of nursery tickets

EMPLOYMENT & PENSIONS

2. Value of meal tickets

3. Procedure for investigation and diagnosis of occupational diseases

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Noiembrie 2011

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4. Amendments regarding the European Works Council

The Order provides the methodology for determining the medical

services related to the Procedure, the rates for laboratory analysis and

the methodology of settlement of the bio-toxicology laboratory analysis.

According to the Order, the cases of occupational diseases for which

the professional nature of the disease is not confirmed shall be

discounted only up to 40% of the total investigated and diagnosed

cases. The value of the medical services correspondent to Procedure

shall be paid from the amounts provided for this purpose in the social

security budget, based on the contracts concluded between hospitals

and the territorial pension houses, regardless of the professional nature

of the disease.

Law no. 186/2011 (“Law”) amending and supplementing Law no.

217/2005 regarding the establishment, organization and functioning of

the European Works Council was published in the Official Gazette of

Romania, Part I, No. 763 dated October 28th, 2011. The Law entered

into force on October 31st, 2011.

The Law provides that the methods for informing and consulting the

employees are defined and applied on basis of the efficiency principle,

at the relevant level of management and representation. At the same

time, it is provided that the scope of the procedure for the informing and

consulting the employees is limited to transnational issues, defined as

those aspects related to the Community-dimension company or the

Community-dimension companies group, as a whole, or at least two

companies or subsidiaries, branches or other establishments of a

company or of the group, located in different member states.

Information and consultation of the European Works Council are related

to the information and consultation of the national employees’

organizations, taking into account their competences and areas of

intervention. Also, the notions of “information” and “consultation” are

defined. Thus, the information represents the data transmission by the

employer to the employees’ representatives, using a certain method

and having an appropriate content. The consultation consists in

establishing a dialogue between the employees’ representatives and

the management.

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The Law also regulates the management responsibilities of the

Community-dimension company, consisting in obtaining and

transmitting to the interested parties the necessary information for the

initiation of the negotiations for establishing a works council or for

establishing an information and consultation procedure.

In case significant changes of the Community-dimension company

structure or of the community-dimension companies group occur, the

central management shall initiate negotiations by its own initiative or

upon the written request of minimum 100 employees or their

representatives from at least two companies from different Member

States. The Law offers the possibility for the representatives of the

labour organizations to assist, having a consultative role, to the

negotiation meetings, upon the request of the special negotiating group.

The Law repeals the provisions according to which the representation

in the European Works Council shall be ensured by appointment or

election of a member from each Member State where the community-

dimension company has one or more subsidiaries, branches or

secondary offices. At the same time, the provisions regarding the

competences of the European Works Council, the election or

appointment of a select committee, the convening of the meetings, the

content of the information and consultation are amended.

LEGAL & TAX | NEWS

Noiembrie 2011

7

Order No. 3.193 (the “Order”) of the President of the National Agency

for Fiscal Administration regarding the approval of the template and

content of the forms “Certificate attesting the payment of value added

tax in case of intra-community acquisitions of transportation vehicles”

and “Certificate”, as well as the procedure for their issuance, was


3rd

, 2011. The Order entered into force on October 3rd

, 2011.

The Order approves the template and content of the new certificates

which are issued either for attesting the payment of value added tax

(“VAT”) or for attesting that VAT is not owed in Romania, in case of

intra-community acquisitions of transportation vehicles.

As of the Order’s entry into force, Order No. 1.128/2009 of the

President of the National Agency for Fiscal Administration regarding the

approval of the template and content of the forms “Certificate attesting

the payment of value added tax in case of intra-community acquisitions

of transportation vehicles” and “Certificate”, as well as the procedure for

their issuance is repealed.


for Fiscal Administration regarding the approval of the template and

content of form (307) “Statement regarding the amounts resulting from

the adjustment of value added tax, in case the beneficiary of the assets’

transfer or the lessee/user of the fixed tangible assets purchased

through a leasing agreement is not a person registered for value added

tax purposes” as well as for establishing the payment method of these

amounts was published in the Official Gazette of Romania, Part I No.

689 of October 3rd

, 2011. The Order entered into force on October 3rd

,

2011.

As of the Order’s entry into force, Order No. 2.691/2010 of the

President of the National Agency for Fiscal Administration regarding the

approval of the template and content of form (307) “Statement

regarding the amounts resulting from the adjustment of value added

tax, in case the beneficiary of the assets’ transfer is not a person

registered for value added tax purposes” as well as for establishing the

payment method of these amounts is repealed.

1. The approval of the template and content of certain forms regarding Value Added Tax in case of intra-community acquisitions of transportation vehicles

TAX

2. The approval of the template and content of form (307) regarding the amounts resulting from the adjustment of Value Added Tax in certain situations

LEGAL & TAX | NEWS

Noiembrie 2011

8

Order No. 2.604 (the “Order”) of the Minister for Public Finances

regarding the application of the provisions of art. XI of Government

Ordinance No. 30/2011 for the amendment and completion of Law No.

571/2003 regarding the Fiscal Code, as well as for the regulation of

certain fiscal-financial measures was published in the Official Gazette of

Romania, Part I No. 707 of October 6, 2011. The Order entered into

force on October 6, 2011.

The Order provides the manner in which fiscal facilities consisting in the

cancellation or reduction of certain late payment penalties

corresponding to main fiscal liabilities due as at August 31st, 2011, are

granted, as follows:

- The aforementioned fiscal facilities are granted by the National

Agency for Fiscal Administration, by the National Customs

Authority or by the specialized directorates of the Ministry of

Finance, according to their competency for administering the

fiscal liabilities in relation to which these facilities are granted;

- The aforementioned fiscal authorities grant facilities for the

ancillary fiscal liabilities related to the main fiscal liabilities due as

at August 31st, 2011, as follows:

by cancelling the late payment penalties, as well as by

cancelling a 50% quota of the late payment additions (due for

the period January 1st, 2006 – June 30

th, 2010) relating to

these main fiscal liabilities, if the main liabilities and the

related interests, administered/established by the competent

authorities are paid or compensated until December 31st,

2011;

by reducing by 50% the late payment penalties, as well as by

reducing by 50% a 50% quota of the late payment additions

(due for the period January 1st, 2006 – June 30

th, 2010) for

these main fiscal liabilities, if the main liabilities and the

related interests administered/established by the competent

authorities are paid or compensated until June 30th, 2012;

- In order to grant the aforementioned facilities, the competent

authorities shall identify the taxpayers which record main fiscal

liabilities outstanding on August 31st, 2011 and shall notify them

3. Granting of fiscal facilities consisting in the cancellation or the reduction of late payment penalties

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regarding the possibility for the granting of the facilities, until

October 15th, 2011. The taxpayers that have not been notified

may request the competent authorities for a clarification of their

fiscal situation;

- For the granting of the aforementioned facilities, the taxpayers

may submit an application requesting a situation of their exigible

outstanding liabilities. Within 5 days from the application’s

submission date, the competent authority shall communicate the

situation to the taxpayer and shall prepare a provisional schedule

for the decrease from the fiscal record of the fiscal liabilities

which may be subject to facilities. If within 10 days from the

communication date of the situation, the taxpayer pays the main

liabilities and the related interests or such liabilities and interests

are compensated, the competent authority validates the

provisional decrease schedule and issues the decision regarding

the outstanding ancillary liabilities. If these ancillary liabilities

have also been paid or compensated, the competent authority

shall issue, as the case may be, the decision for the cancellation

of the late payment penalties or the decision for the reduction of

the late payment penalties;

- In case the fiscal liabilities are not paid or compensated within

the provided terms, the fiscal liabilities which have not been

subject to the provisional decrease schedule shall be registered

again in the fiscal record. In this case, the taxpayer may submit a

new request whenever the taxpayer considers that it has the

possibility to fulfil the requirements for benefiting from the fiscal

facilities;

- The taxpayer which has not submitted the application requesting

a situation of the exigible outstanding liabilities, but which pays

all outstanding liabilities or of which all outstanding liabilities are

compensated, may request the granting of the fiscal facilities by

submitting a request with the competent authority, being also

entitled to request the reimbursement of the amounts subject to

the facility.

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Order No. 2.618 (the “Order”) of the Minister for Public Finances for the

amendment and completion of Order No. 752/2006 of the minister for

public finances regarding the approval of the procedure for the issuance

of the tax assessment note for legal and natural entities, of the certificate

for budgetary liabilities, as well as their template and content, was


10th, 2011. The Order entered into force on October 10

th, 2011.

According to the Order, in case the taxpayer has to collect certain, liquid

and exigible amounts from the contracting authorities defined according

to Government Emergency Ordinance No. 34/2006 regarding the award

of public procurement contracts, concession of public works’ contracts

and services concession contracts, when submitting the request for the

issuance of the tax assessment note (in Romanian: certificat de atestare

fiscală), the taxpayer shall also have to submit the original document

issued by the contracting authorities which certifies the value of the

certain, liquid and exigible amounts which the taxpayer has to collect

from the contracting authorities. The document is valid for 20 days from

the issuance date and it has to be valid on the date of the submission of

the request for the issuance of the tax assessment note.

As regards taxpayers that have set up secondary offices fiscally

registered as payers of salaries and incomes assimilated to salaries, the

Order provides that the tax assessment note shall be issued at the

request of the taxpayer and it will include both the taxpayer’s fiscal

liabilities and the fiscal liabilities of the secondary offices.

The Order approves new templates of the tax assessment note and of

the request for the issuance of the tax assessment note.

4. New regulations regarding the tax assessment note

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for Fiscal Administration for the approval of the templates of certain

forms issued for the application of the provisions of art. XI of

Government Ordinance No. 30/2011 for the amendment and

completion of Law No. 571/2003 regarding the Fiscal Code, and for the

regulation of certain financial-fiscal measures was published in the

Official Gazette of Romania, Part I No. 713 of October 10th, 2011. The

Order entered into force on October 10th, 2011.

The Order approves the template of the Decision for the cancellation of

late payment penalties and the template of the Decision for the

reduction of late payment penalties.


regarding the approval of Decision No. 6/2011 (the “Decision”) of the

Central Tax Commission was published in the Official Gazette of

Romania, Part I No. 725 of October 14, 2011. The Order entered into

force on October 14, 2011.

According to the Decision, in the situation where, in order to make

investments to the benefit of administrative-territorial units (in

Romanian: unităţi administrativ teritoriale – “UAT”), financed from ex-

ISPA funds, local public contributions related funds and other public

funds, the water operators have acted as entrepreneurs, respectively

have received invoices on their name for the procurement of goods

and/or services from contractors, issued with VAT and for which VAT

was deducted by the water operators or issued without VAT following

the application of the VAT exemption by the contractors based on the

certificates issued for this propose, it is deemed that the services

performed for the purpose of achieving the investment are provided by

the water operators to the UAT. Consequently, the VAT chargeable

event occurs when the investment related works’ situation is fully

accepted by the UAT, respectively on the signing date of the

acceptance minutes by which the investment, defined by the ex-ISPA

Financing Memorandum, is handed over by the water operators to the

UAT, but not later than 120 working days from:

5. The approval of the templates of certain forms regarding the granting of fiscal facilities

6. decision of the Central Tax Commission regarding the occurrence of the VAT chargeable Event in case of certain investments financed from ex-

ISPA funds

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- The communication date of the final payment request for ex-

ISPA projects approved before November 2003, with completed

works until June 30th, 2011 and final payment request submitted

with the European Commission until June 30th, 2011;

- The date of the minutes concluded between the water operator

and the contractors, which proves the completion of the works

until December 31st, 2011, for ex-ISPA projects approved before

2003, with final payment requests submitted with the European

Commission until June 30th, 2011, but with works undergoing

completion until December 31st, 2011;

- The communication date of the final payment request for ex-

ISPA projects approved after November 2003, with works

completed as at December 31st, 2011 and with final payment

request submitted with the European Commission until June 30th,

2006.


for Fiscal Administration regarding the competency for performing the

verification of the personal tax situation was published in the Official

Gazette of Romania, Part I No. 747 of October 25th, 2011. The Order

entered into force on October 25th, 2011.

The Order provides that the competent structure within the National

Agency for Fiscal Administration for performing the verification of the

personal tax situation, throughout the country, is the Tax Verification

Department.

7. Competency for performing the verification of the personal tax situation

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Noiembrie 2011

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Order No. 3.347 (the “Order”) of the President of the National Agency for

Fiscal Administration for the approval of certain procedures for applying art.

781 para. (1), letter a) of the Fiscal Procedure Code, as well as for the

approval of the template and content of certain forms was published in the

Official Gazette of Romania, Part I No. 754 of October 26th, 2011. The Order


The Order approves the following procedures and forms:

- The Procedure for declaring taxpayers inactive, which establishes the

conditions under which taxpayers are included in the list of taxpayers

declared inactive, the terms in which the list of taxpayers declared

inactive is prepared, as well as the recurrence of declaring taxpayers

inactive;

- The Procedure for the reactivation of taxpayers declared inactive,

which provides specific requirements to be fulfilled by taxpayers in

order to be reactivated, as well as the recurrence related to the

reactivation procedure;

- The Procedure for correcting material errors, which details the

manner in which material errors are corrected in case of taxpayers

declared inactive, either ex officio or at the request of the taxpayer;

- The Procedure regarding the removal of deregistered taxpayers from

the record of taxpayers declared inactive;

- The form “Decision to declare the inactivity”;

- The form “Decision to reactivate”;

- The form “Decision to cancel the decision to declare the inactivity”;

- The form “Decision to reject the reactivation request/material error

correction”;

- The form “Notice regarding the fulfilment of the requirements for being

declared inactive according to the provisions of art. 781 para. (1) letter

a) of the Government Ordinance No. 92/2003 regarding the Fiscal

Procedure Code”;

- The form “Notice regarding discrepancies between the provided

documents and the fiscal record”.

Upon the Order’s entry into force, Order No. 819/2008 of the President of

the National Agency for Fiscal Administration for the approval of the

Procedure for declaring taxpayers inactive is repealed.

8. Approval of certain procedures regarding inactive taxpayers, as well as of the template and content of certain

forms

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regarding the approval of the template and content of the forms

necessary for requesting and communicating the data registered in the

tax offence record, the manner of organising, managing and accessing

the information in the tax offence record was published in the Official



The Order approves the template and content of the following forms:

- Form 500 “Registration Form in the tax offence record”;

- Form 501 “Form for updating the registrations in the tax offence

record”;

- Form 502 “Request for the issuance of the tax offence record”;

- Form 503 “Request for the correction of the data registered in the

tax offence record”;

- Form 504 “Certificate of tax offence record”;

- Form 505 “Form for the registration in the tax offence record of

entailing the joint liability with the debtor declared bankrupt or

insolvent”;

- Form 506 “Form for the registration of the fiscal inactivity in the

tax offence record”;

- Form 507 “Form for the update of the registrations regarding the

entailing of the joint liability with the debtor declared bankrupt or

insolvent in the tax offence record”;

- Form 508 “Form for the update of the registrations regarding the

fiscal inactivity in the tax offence record”.

9. Approval of the new forms for the issuance of the tax offence record and of the new procedure for the registration and update of the data from the tax offence record

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The Order also implements a new procedure for the registration and

update of the data in the tax offence record. As opposed to the previous

regulation, this procedure includes special provisions regarding:

- The registration in the tax offence record of the entailing of the

joint liability with the debtor declared bankrupt or insolvent;

- The registration in the tax offence record of the fiscal inactivity for

legal entities declared inactive/authorised representatives of legal

entities declared inactive for failure to submit fiscal

statements/declared inactive by the tax inspection activity;

- The removal of the acts sanctioned as criminal offences

registered in the tax offence record;

- The removal of the acts sanctioned as offences, others than

those related to the excisable products regime, registered in the

tax offence record;

- The removal of the acts sanctioned as offences to the excisable

products regime registered in the tax offence record;

- The removal of the situations regarding the entailing of the joint

liability with the debtor declared bankrupt or insolvable,

registered in the tax offence record;

- The removal of the situations regarding the fiscal inactivity,

declared for the failure to submit fiscal declarations, registered in

the tax offence record of the reactivated legal entity/authorised

representatives of the reactivated legal entity;

- The removal of the situations regarding the fiscal inactivity,

declared by the tax inspection activity, registered in the tax

offence record of a reactivated legal entity/authorised

representative of the reactivated legal entity.

As of the Order’s entry into force, Order No. 260/2007 regarding the

approval of the template and content of the forms necessary for

requesting and communicating the data registered in the tax offence

record is repealed.

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Order No. 2.706 of the Minister for Public Finances (the “Order”) for the

amendment of Order No. 262/2007 of the minister for public finances

regarding the approval of the forms for the taxpayers’ fiscal registration,

as further amended and completed was published in the Official



The Order approves a new template and content for the following

forms:

- form “Statement for fiscal registration/Statement for amendments

for legal entities, associations and other entities without legal

personality (010)”;

- form “Statement for fiscal registration/Statement for amendments

of natural entities performing independent economic activities or

exercising a liberal profession (070)”.

According to the Order, the contribution for the financing of certain

expenses in the health field is included in the category of fiscal

liabilities to be reported, permanently, and registered in the fiscal

vector.

As of the Order’s entry into force, any contrary provision is repealed.

Order No. 2.677 of the Minister for Public Finances (“Order”) for the

amendment of the annex to Order No. 1.853/2011 for the approval of

the Procedure for the application of the provisions of Government

Emergency Ordinance No. 29/2011 regarding the granting of payment

rescheduling was published in the Official Gazette of Romania, Part I

No. 764 of October 31st, 2011. The Order entered into force on October

31st, 2011.

The Order approves a new Procedure for the application of the

provisions of the Government Emergency Ordinance No. 29/2011

regarding the granting of payment rescheduling (the “Procedure”).

10. Approval of certain forms regarding the fiscal registration of taxpayers

11. Amendments to the procedure for the granting of payment rescheduling of fiscal

liabilities

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The main amendments brought by the Procedure refer to the following

aspects:

- Establishing the manner of granting payment facilities,

respectively by payment rescheduling of the fiscal liabilities, at

the request of the taxpayer, excluding late payment penalties

related to the fiscal debts rescheduled for payment, for which

deferred payment is granted, according to the law, for their

annulment, until the last payment term from the payment

reschedule granted;

- In case of taxpayers which have established fiscally registered

secondary offices, the request for the granting of the payment

rescheduling shall be submitted by the taxpayers both for their

due fiscal liabilities and for those of their secondary offices;

- In case the taxpayer’s request regarding the granting of the

payment rescheduling of the fiscal liabilities is approved, the

competent fiscal authority shall issue, along with the decision for

the payment rescheduling of fiscal liabilities, a decision for the

payment deferral of the late payment penalties;

- For taxpayers which have established fiscally registered

secondary offices, the fiscal liabilities of the taxpayer, the income

tax on salaries due by each of its secondary offices, as well as

the total liabilities shall be registered within the Tax Assessment

Note, according to a new template approved by the Procedure;

- After verifying whether the requirements regarding the granting

of the payment rescheduling are met and after the issuance by

the competent fiscal authority of the related report, the fiscal

authority prepares either an agreement in principle establishing

the rescheduled period, the date until which the security is

available in case it is established as a letter of bank guarantee,

as well as the amount of the security, specifying the amounts

rescheduled for payment, the amounts deferred for payment, the

interests due for the payment rescheduling period, including the

percentage corresponding to the rescheduled period, applied to

the total amounts rescheduled and deferred for payment, or a

decision for rejecting the request for the granting of fiscal

payment rescheduling of fiscal liabilities. As an exception, the

fiscal authority does not issue the agreement in principle, but it

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issues directly the decision for the granting of payment

rescheduling of fiscal liabilities and the decision for the payment

deferral of late payment penalties based on the aforementioned

report, for the following taxpayers:

Public institutions;

Natural entities requesting payment facilities for fiscal

liabilities up to RON 5,000;

Legal entities requesting payment facilities for fiscal liabilities

up to RON 20,000.

- Depending on the securities’ format, their value shall be different,

as they shall need to cover different amounts;

- In case of taxpayers which have established fiscally registered

secondary offices, the taxpayer shall pay the rescheduling

instalments, except the income tax on salaries, which shall be

paid by the secondary office compelled to register from a fiscal

standpoint as payer of salaries and incomes assimilated to

salaries;

- In the situation where, after the issuance of the decision for the

payment rescheduling of fiscal liabilities/decision for the payment

deferral of late payment penalties, material errors are

ascertained in their content, based on the documents attesting

this situation, as well as in case more than three instalments

from the payment reschedule graphic are paid in advance, the

competent fiscal authority issues a decision for the amendment

of the decision for the payment rescheduling of fiscal

liabilities/decision for the payment deferral of late payment

penalties.

The Procedure provides, as transitory provision, that for taxpayers

which benefit from ongoing payment rescheduling of fiscal liabilities on

November 5th, 2011, the late payment penalties and 50% from the late

payment additions related to the fiscal liabilities rescheduled for

payment shall be deferred for payment for their cancellation.

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bpv|GRIGORESCU ŞTEFĂNICĂ is a founding member of

bpv|LEGAL, an alliance of independent commercial law firms

represented in Bratislava, Brussels, Bucharest, Budapest, Prague and

Vienna, which offers cross-border legal advisory services to clients in

Central and Eastern Europe. Our alliance enables us to have access to

an extensive pool of international expertise across many industries and

jurisdiction and to offer our clients a homogenous high level of quality

service and responsiveness throughout the region.

bpv GRIGORESCU ŞTEFĂNICĂ

ABOUT US

LEGAL & TAX | NEWS

Noiembrie 2011

20

Alexandru Rusu Partner [email protected] Raluca Marcu Senior Associate [email protected] Christina Costa Public Relations and Communications Manager [email protected] bpv GRIGORESCU ŞTEFĂNICĂ 33 Dionisie Lupu Street RO - 020021 Bucharest Tel. +40 21 264 16 50 Fax +40 21 264 16 60

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bpv GRIGORESCU ŞTEFĂNICĂ Legal & Tax Newsletter is a regular information service provided by bpv | GRIGORESCU ŞTEFĂNICĂ. This material is for information purposes only and does not constitute legal advice. We recommend that you seek legal advice before taking or implementing any decision on the basis of the information contained in this material. We welcome your feedback and suggestions for improving this publication at any of the contact details listed above. bpv GRIGORESCU ŞTEFĂNICĂ Legal & Tax Newsletter may be accessed at or downloaded from the section Publications of our website www.bpv-grigorescu.com.

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November "LEGAL & TAX" Newsletter

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