Bucharest GMT +2
EY
Bucharest Tower Center
22nd Floor
15-17 Ion Mihalache Blvd 011171 Bucharest Romania
Indirect tax contacts
Georgiana Iancu +40 (21) 402-4191 georgiana.iancu@ro.ey.com
Ioana Iorgulescu +40 (21) 402-8487 ioana.iorgulescu@ro.ey.com
Costin Manta +40 (21) 204-7905 costin.manta@ro.ey.com
A. At a glance
Name of the tax
Value-added tax (VAT)
Local name Taxa pe valoarea adaugata (TVA)
Date introduced 1 July 1993
Trading bloc membership European Union (EU)
Administered by Ministry of Public Finance (http://www.mfinante.ro)
VAT rates
Standard 19% Reduced 5%, 9%
Other Zero-rated (0%) and exempt
VAT number format RO XXXXXX (number of digits may vary)
VAT return periods Monthly, Quarterly, Half-yearly or Annually
Thresholds
Registration
Established EUR88,500 (RON300,000)
Non-established None
Distance selling EUR10,000 (RON46,337)
Intra-Community acquisitions EUR10,000 (RON34,000) Electronically supplied services
EUR10,000 (RON46,337)
Recovery of VAT by non-established businesses Yes (under certain conditions)
B. Scope of the tax
VAT applies to the following transactions:
• Supplies of goods or services made in Romania by a taxable person
• The intra-Community acquisitions of goods from another European Union (EU) Member State by a taxable person (see the chapter on the EU)
• Acquisition of general business-to-business (B2B) services taxable in Romania, from EU and non-EU suppliers
• The importation of goods into Romania
Quick Fixes. Pending introduction of a “definitive” system for the VAT treatment of intra-Com munity supplies of goods to taxable persons, the EU has adopted Quick Fixes for intra-Commu nity trade in goods. For an overview of the Quick Fixes rules, see the chapter on the EU.
The Quick Fixes have been implemented in Romanian VAT law, through Ordinance no. 6/2020. The Quick Fixes introduced provisions regarding call-off stocks and the conditions for applying this regime, chain supplies and changes regarding the intra-Community supplies of goods and the conditions for applying the related VAT exemption.
Effective use and enjoyment. To avoid instances of nontaxation or double taxation, EU Member States can apply use and enjoyment rules that allow a service that is “used and enjoyed” in the EU to be taxed or prevent a service that is “used and enjoyed” outside the EU from being taxed. If a service is taxed in the EU under the use and enjoyment provisions, a non-EU supplier of the service may be required to register for VAT in every Member State where it has customers that are not taxable persons. For the information regarding the rules relating to VAT registration, see the chapters on the respective countries of the EU.
In Romania, the following services are subject to the “use and enjoyment” provisions:
• Ancillary transport activities, such as loading, unloading, handling and similar services
• Works on tangible movable property and valuations of tangible movable property
• Transport of goods performed in Romania
Transfer of a going concern. Romania has implemented in its legislation the concept of transfer of going concern (TOGC). As per the Romanian VAT legislation, the transfer of all the assets or of a part thereof, performed upon the transfer of assets (and liabilities, as the case may be), as a result of transactions such as in-kind contribution or asset deal (excluding spin-offs or mergers), would not be considered as a supply of goods, but as a transaction outside the scope of VAT (“the no-supply rule”), provided that the recipient of the respective transfer is a taxable person estab lished in Romania.
C. Who is liable
A “taxable person” is any person who independently makes taxable supplies of goods or ser vices in the course of a business, regardless of the purpose or results of that activity. The VAT registration threshold is turnover of RON300,000 (EUR88,500) a year (this threshold applies only to taxable persons established in Romania). Established taxable persons who estimate or record a turnover of more than the Romanian currency equivalent of EUR88,500 must request the VAT registration within 10 days of the moment the threshold is exceeded or achieved. The date when the threshold was achieved or exceeded is deemed to be the first day of the month following the one in which the threshold was achieved or exceeded. The VAT registration becomes valid starting the first day of the month following the month of the request.
Exemption from registration. Taxable persons having the seat of their economic activity in Romania are not required to register for VAT purposes in Romania if their annual turnover does not exceed RON300,000 (EUR88,500). However, they may opt to register for VAT purposes.
A taxable person not established in Romania who is liable to pay VAT in Romania, may be exempt from the VAT registration under the following specific situations:
• When performing occasional services in Romania, if these operations do not follow an intraCommunity acquisition of goods performed in Romania
• When performing occasional supplies of goods in Romania, except:
— Distance sales
— Supplies of goods following intra-Community acquisitions of goods in Romania
The abovementioned supplies of goods and services are considered occasional if they are performed once a year.
Voluntary registration and small businesses. Taxable persons that have a business establishment in Romania and who do not exceed the VAT registration threshold may opt to register for VAT purposes in Romania.
Taxable persons not established in Romania may opt to register for VAT purposes in case of:
• Imports of goods
• Sale/rental of real estate subject to VAT
Group registration. VAT grouping is allowed under Romanian VAT law. Under the rules currently in effect, a minimum of two taxable persons may form a fiscal group if all the members meet the following conditions:
• They are established in Romania.
• They do not belong to another fiscal group.
• They use the same tax period.
• Their capital is held directly or indirectly in a proportion of more than 50% by the same share holders.
All members of a VAT group in Romania are jointly and severally liable for VAT debts and penalties.
The minimum time period required for the duration of a VAT group is two years.
However, VAT grouping is allowed only for VAT reporting (for consolidation purposes).
Holding companies. In Romania, a pure holding company cannot be a member of a VAT group.
The VAT grouping in Romania is allowed between taxable persons established in Romania, inde pendent from a juridical point of view and who are in a close link from a financial, economic and organizational point of view. A close link from a financial, economic and organizational point of view is considered to be there if the taxable persons involved have capital owned directly or indirectly of more than 50% by the same associates.
The legislation does not mention the case of pure holding companies. However, a pure holding would not be VAT registered, as it would not perform economic activities.
Cost-sharing exemption. The VAT cost-sharing exemption (in accordance with VAT Directive 2006/112/EEC Article 132(1)(f) has been implemented in Romania. This provides an option to exempt support services that the cost-sharing group supplies to its members, providing certain conditions are met (in accordance with specific requirements laid out in Romanian VAT law).
For the supplies of services by independent groups of persons, where such operations are exempt or do not fall within the scope of VAT, a cost-sharing group can be set up for the purpose of providing their members with services directly related to the exercise of their activities. This only applies if those groups request their members the reimbursement of their share of the common costs only, within certain limits and under certain conditions and provided that such exemption does not distort competition.
Fixed establishment. According to the Fiscal Code, a taxable person who has the seat of eco nomic activity outside Romania is considered to be established in Romania if it has a fixed
establishment in Romania, respectively, if it has sufficient technical and human resources in Romania to carry out regular supplies of goods and/or services.
Non-established businesses. A taxable person that has the seat of its economic activity in Romania is deemed to be established in Romania for VAT purposes.
A taxable person that has the seat of its economic activity outside Romania is considered to be established for VAT purposes in Romania if it has a fixed establishment in Romania, which means that it has sufficient technical and human resources to perform, on a regular basis, taxable supplies of goods and/or services.
A taxable person that has the seat of its economic activity outside Romania and a fixed establish ment in Romania is not deemed to be established in Romania for the supplies of goods and services performed in Romania in which the Romanian fixed establishment is not involved.
The seat of its economic activity is deemed to be the place where the management decisions of a taxable person are taken and where the functions of its central administration are performed. To determine where a taxable person has the seat of its economic activity, certain factors should be taken into account, such as the place where the directors meet and where the company sets its general policy.
In general, a non-established business must register for VAT if it undertakes a range of activities, such as the following:
• Intra-Community acquisitions of goods in Romania
• Intra-Community supplies of goods in Romania
• Transfers of its own goods to Romania
• Sending goods to Romania from another EU country for processing with the finished products not returning to the EU country of dispatch
• Distance sales in excess of the annual threshold of EUR10,000
• Exports of goods
A taxable person that has the seat of its economic activity outside Romania but has a fixed estab lishment in Romania must register for VAT purposes in Romania before receiving a service for which it is liable to pay the VAT or before supplying a service from this fixed establishment to a taxable person that is liable to pay VAT in another EU Member State.
A taxable person that has the seat of its economic activity in Romania but is not registered for VAT purposes in Romania must register for VAT purposes if it supplies services with a place of supply in another EU Member State, for which the beneficiary is liable to pay the tax.
A taxable person that has the seat of its economic activity in Romania but is not registered for VAT purposes in Romania must register for VAT purposes if it acquires services from a supplier established in another EU Member State and if such taxable person, as the beneficiary of the services, is liable to pay the tax.
VAT registration is not required if an entity that is neither established nor registered for VAT in Romania makes a local supply of goods or services and the recipient is an established taxable person, nontaxable legal person (for example, a public authority) or is a non-established taxable person that is registered for VAT in Romania.
Taxable persons not established and not registered for VAT purposes in Romania may apply for VAT registration if they carry out imports of goods into Romania, taxable supplies of immovable property or rental of immovable property in Romania.
Tax representatives. A non-established, non-EU entity that performs taxable operations in Romania and that is required to register for VAT purposes must appoint a tax representative. A
taxable person that is established in the EU may appoint a tax representative but may also choose to register for VAT in its own right (direct VAT registration).
Reverse charge. The reverse charge applies to the following transactions, among others:
• Intra-Community acquisitions of goods and services
• Local supplies of goods and services made by non-established and unregistered entities to customers that are registered for VAT in Romania
• Imports: the reverse charge may be applied to imports exclusively by persons who have obtained a specific VAT payment deferment certificate, taxable persons benefiting of autho rized economic operator and/or local customs clearance procedure
Domestic reverse charge. The domestic reverse charge in Romania applies to the following supplies:
• Local supplies of certain categories of goods, such as ferrous and nonferrous waste, grain crops, wood and transfer of green and CO2 certificates performed between entities registered for VAT purposes in Romania
• Supplies of electrical energy and natural gas performed by a taxable person registered for VAT in Romania to a Romanian VAT-registered taxable person acting as trader
• Taxable supplies of immovable property in Romania by a taxable person registered for VAT in Romania to a Romanian VAT-registered taxable person
• Taxable supplies of investment gold and taxable supplies of raw materials and semi-finished gold having a title higher or equal with 325 to a thousand (the proportion of fine precious metal contained) to a Romanian VAT-registered taxable person
• Supply of mobile phones, laptops, tablets, game consoles or other devices with integrated cir cuits by a taxable person registered for VAT in Romania to a Romanian VAT-registered taxable person
Digital economy. Specific VAT rules apply to cross-border supplies of goods and services sold via the internet (e-commerce) in all EU Member States with effect from 1 July 2021. These new rules apply to all direct sales to nontaxable persons (in practice, these are mostly private individuals), but we refer to these rules as e-commerce VAT rules because most of these transactions are con ducted via the internet. In general, the place of supply is in the country of consumption, i.e., where the goods are shipped to or where the buyer of the goods or services resides, subject to any “use and enjoyment” provisions that may override this rule (see Section B, Effective use and enjoyment subsection above). Therefore:
• For supplies of services made by a nonresident supplier to a business customer (B2B), the busi ness customer is responsible for accounting for the VAT due, using the reverse charge.
• For supplies of goods made by a nonresident supplier to a business customer (B2B), where the goods are transported from another EU Member State, the business purchasing the goods is responsible for accounting for the VAT due, as an intra-Community acquisition. If the goods come from outside the EU, the purchaser may have to report an importation of goods.
• For supplies of goods or services made by a nonresident supplier to a final consumer (B2C), the supplier is generally responsible for charging and accounting for the VAT due at the rate applicable in the customer’s country (unless the supplier’s sales fall beneath the distance selling threshold of EUR10,000 with effect from 1 July 2021). This VAT can be reported using a single VAT registration, using a “One-Stop-Shop” mechanism.
For more details about intra-EU distance sales, see the chapter on the EU.
Effective 1 July 2021, an e-commerce supplier may have a choice of how to account for VAT on its B2C supplies.
Local VAT registration. A nonresident supplier may choose to register for VAT in each Member State and account for VAT on all supplies made and recover input tax in accordance with local
rules (see the Non-established businesses subsection above). Non-EU businesses may be required to appoint a fiscal representative for accounting for the VAT due on these transactions.
In Romania, non-EU businesses are required to appoint a fiscal representative for accounting for the Romanian VAT due on these transactions having the place of supply in Romania. EU busi nesses, on the other hand, can obtain a direct VAT registration in Romania or may opt to appoint a fiscal representative.
One-Stop Shop. Effective 1 July 2021, a supplier can choose to account for the VAT due under the EU One-Stop Shop (OSS), which can be used for intra-EU cross-border supplies of goods and all cross-border supplies of services made to final consumers in the EU. Unlike the previous Mini One-Stop-Shop (MOSS) scheme that applied until 30 June 2021, the OSS is not limited to cross-border supplies of electronic services, telecommunication services and broadcasting ser vices.
The OSS is an electronic portal that allows businesses to:
• Register for VAT electronically in a single Member State for all intra-EU distance sales of goods and for B2C supplies of services
• Declare and pay VAT due on all supplies of goods and services in a single electronic quarterly return
The OSS can be used by businesses established in the EU and outside the EU. If a supplier or a deemed supplier decides to register for the OSS, it must declare and pay VAT for all supplies (goods as well as services) that fall under the OSS.
As per the Romanian VAT rules, persons that carry on activities falling under the EU OSS regime may opt to apply this regime and will request the special registration in Romania if they fall in the following categories:
• Taxable persons (including electronic interfaces that facilitate B2C supplies of goods made locally in Romania by non-EU taxable persons) who have their registered office in Romania or, if they are not established in the EU, have a fixed establishment in Romania
• Taxable persons who do not have their registered office in the EU but have more than one fixed establishment in the EU, including in Romania, and choose Romania as the Member State of registration
In addition, in case of distance sales of goods, the EU OSS regime (and special registration in Romania) may also be used by taxable persons who are not established in the EU and do not have a fixed establishment in Romania:
• If the goods subject to distance sales are dispatched/transported from Romania
• If the distance sales refer to goods dispatched/transported from different Member States, includ ing Romania, and the taxable person chooses Romania as the state of registration
For more details about the operation of the OSS, see the chapter on the EU.
Import One-Stop Shop. Effective 1 July 2021, the Import One-Stop-Shop (IOSS) scheme applies for B2C distance ales of goods from outside the EU.
Effective 1 July 2021, VAT is due on all commercial goods imported into the EU regardless of their value. The actual supply is subject to VAT in the country where the goods are imported (the country of destination). The IOSS facilitates the declaration and payment of VAT due on the sale of low-value goods (i.e., consignments valued at less than EUR150 per consignment). It allows suppliers selling low-value goods dispatched or transported from a non-EU country to customers in the EU to collect, declare and pay the VAT due. If the IOSS is used, the importation into the EU is exempt from VAT.
As per the Romanian VAT rules, IOSS may be used, directly or through an intermediary, by tax able persons having their registered office in Romania or, if they are not established in the EU, having a fixed establishment in Romania.
Persons not established in the EU may use IOSS in Romania by appointing an intermediary. Alternatively, IOSS may be used directly, if the non-EU person is established in a third country with which the EU has concluded a mutual assistance agreement and that persons performs distance sales of goods imported only from the respective third country.
IOSS may also be used by taxable persons who do not have their registered office in the EU, but who have more than one fixed establishment in the EU, including in Romania, and choose Romania as the Member State of registration.
For more details about the IOSS, see the chapter on the EU.
The use of the IOSS special scheme is not mandatory. If VAT is not collected via the IOSS scheme, the importation of goods into the EU is subject to import VAT in the country of final destination, and the Member State can decide freely who is liable to pay the import VAT, which could be the customer or the seller (or an electronic interface).
Postal services and couriers scheme. If the IOSS is not used and the customer is liable for the import VAT due on the supply (and importation) of consignments with a small intrinsic value (i.e., less than EUR150), the VAT can be collected using the special scheme for postal services and couriers.
As per the Romanian VAT rules, when Romania is the country of importation, the person present ing goods in customs must submit to the competent customs authority, in electronic format, a special monthly VAT return containing information on the total amount of VAT collected in the respective calendar month. If this special scheme is applied, the imports are subject to the stan dard 19% VAT rate (even if under normal circumstances the goods are subject to a reduced VAT rate).
Moreover, the person presenting the goods to customs must submit the special VAT return and pay the VAT collected in the respective month, by the 16th day of the month following the reporting calendar month. Persons using this mechanism should keep special registers containing information that would allow the Romanian fiscal or customs authorities check the correctness of the VAT return. These records must be made available, on request, electronically and kept for a period of 10 years from the end of the year in which the operations were carried out.
For more details about the special scheme for postal services and couriers, see the chapter on the EU.
Online marketplaces and platforms. Under the new EU VAT e-commerce rules, effective 1 July 2021 taxable persons that “facilitate” certain B2C sales of goods are deemed to have purchased and then supplied those goods themselves. This means that the single supply from the “underly ing” supplier to the final consumer is split into two deemed supplies:
• A supply from the supplier to the facilitator (deemed B2B supply)
• A supply from the facilitator to the final customer (deemed B2C supply). Any intermediation service provided by the facilitator is disregarded for VAT purposes
This provision does not cover all sales facilitated via the facilitator. It only covers distance sales of goods imported from non-EU jurisdictions in consignments with an intrinsic value not exceed ing EUR150. The jurisdiction of residence of the supplier using the facilitator is irrelevant. The supply to the facilitating platform is VAT exempt and the supplies made by that platform follow the e-commerce VAT rules as described above. In addition, the provision also covers sales within the EU, if the supplier is not established within the EU. This applies to both local ship
ments within one Member State as well as intra-Community shipments. In both cases, the final customer must be a nontaxable person.
As per the Romanian VAT legislation, where a taxable person, through the use of an electronic interface such as an online marketplace, a platform, a portal or other similar means, facilitates the supply of goods or services to a nontaxable person in the EU, the taxable person who facilitates the supply of goods or service is obliged to keep records in this respect. The respective registers must contain information that would allow the fiscal authorities to verify if the VAT has been highlighted correctly, in the situation where the respective supplies of goods or services are taxable in Romania. The registers must be made available to the competent tax authorities, upon request, electronically, and must be kept for a period of 10 years from the end of the year in which the operation was carried out.
For more details about the rules for online marketplaces, see the chapter on the EU.
Vouchers. Vouchers can have single purpose (SPV) or multiple purpose (MPV). A voucher is defined as an instrument by which a supplier is obliged to accept it as partial or total payment for a supply of goods or services. The payments received for the sale of an SPV are deemed as advance payments for which VAT is due. An SPV is a voucher for which the place of supply and the VAT liability of the goods/services for which the voucher may be redeemed are known at the time the voucher is issued. An MPV is a voucher other than the SPV. The sale of an MPV does not trigger a VAT liability.
Registration procedures. Established or non-established taxable persons applying (as a require ment or by option) for a VAT registration in Romania must file specific registration forms depending on the type of VAT registration. The forms are available in electronic format and must be submitted as a hardcopy and only in Romanian language directly by the taxable person or by proxy.
The online VAT registration is possible only for the special regimes implemented as per the e-commerce rules in place starting 1 July 2021 (as outlined above under the Digital economy subsection).
Foreign operators may register for VAT purposes in Romania as follows:
• Nonresident taxable persons who are not established within the community and who have the obligation to appoint a tax representative are administered by the tax administration with com petence for the administration of the tax representative (which keeps the record of the tax representative chosen as taxable person)
• Nonresident taxable persons established in the community who register directly in Romania are administered by the tax authority with competence for the administration of nonresident tax able persons, namely the specialized section of the Bucharest Directorate General for Public Finance at 1 Presei Libere Square, C3 building, 1st District, Bucharest, Romania, telephone 021.317.89.67
• Nonresident taxable persons who have their business established outside Romania and who are established in Romania through one or several fixed establishments are administered by the tax authority whose territorial competence covers the fixed establishment designated to submit VAT returns
The contact details concerning the departments, addresses, telephone, fax, email and other useful information may be obtained from the webpage of the National Tax Administration Agency (https://www.anaf.ro).
As per the general rule, taxable persons are required to register for VAT purposes in Romania prior to performing the operations triggering the VAT registration obligation.
Depending on the type of VAT registration, the time frame in which the Romanian tax authorities should issue the VAT registration number is:
• 30 days from the date of submission of the complete documentation when the registration is through a tax representative
• 10 days from the date of submission of the documentation when registration is through other means
The date from which the taxable person is considered registered is the date when the VAT regis tration certificate is communicated by the Romanian tax authorities (i.e., the hand-over date, the post date, as the case may be). Other dates may apply, depending on the reason for the VAT registration (e.g., the VAT exemption threshold was exceeded).
Deregistration. Taxable persons with annual turnover less than RON300,000 may request deregis tration by the 10th day of the month following the fiscal period applied by the taxable person.
Changes to VAT registration details. In case any changes to a taxable person’s VAT registration details occur (e.g., change of fiscal address) the taxable persons must submit Form 050 along with the certificate from the chamber of commerce, the new unique identification code issued by the chamber of commerce, the proof of owning/renting the new space and other documents solicited by the relevant tax authorities. The documents must be submitted in paper form at the relevant tax authorities’ office.
Based on the Romanian VAT law in case any changes to a taxable person’s the VAT registration details occur, the taxable person must notify the tax authorities within 15 days since such changes took place.
D. Rates
The term “taxable supplies” refers to supplies of goods and services that are liable to a rate of VAT, including the zero-rate.
The VAT rates are:
• Standard rate: 19%
• Reduced rates: 5%, 9%
• Zero-rate: 0%
The standard rate of VAT applies to all supplies of goods or services unless a specific measure provides for a reduced rate, the zero-rate or an exemption.
Examples of goods and services taxable at 0% (i.e., exempt with credit)
• Exports of goods
• Transport services and other services directly linked to exports of goods
• International transport of passengers
• Intra-Community supplies of goods (specific provisions)
Examples of goods and services taxed at 5%
• Books, newspapers, magazines and school manuals (except those intended exclusively for publicity)
• Hotel accommodation and similar accommodation, including the rental of land for camping
• Restaurant and catering services (excluding alcohol, except for draught beer)
• Access to museums, castles, cinemas, zoological and botanical gardens, amusement and recreational parks and sporting events
• The right to use sport facilities
• The passenger transport by trains or historical vehicles with steam powered on narrow lines for touristic or entertaining purposes
• The passenger transport using transport installations on cable
• The passenger transport using vehicles with animal traction, used for touristic or entertaining purposes
• The passenger transport by boats for touristic or entertainment purposes
• Delivery of high-quality food, respectively, mountain products, eco, traditional, authorized by the Ministry of Agriculture and Rural Development
• Supply of social housing (including related land); for this purpose, social housing includes, but is not limited to, houses that are a maximum of 120 square meters and that do not exceed RON450,000 in value (net of VAT) (EUR140,000 from 1 January 2022); the reduced 5% VAT rate applies for the supplies performed toward individuals and only if the house can be used as such after the sale
Examples of goods and services taxed at 9%
• Prostheses of any type and accessories (except dental prostheses)
• Orthopedic products
• Medicines for human and veterinary use
• Food (excluding alcohol) having certain classification codes
• Fertilizers, seeds and other agricultural products intended for the sowing or planting, as well as for supplies of services, such as those specifically used in the agricultural sector
• Supply of water for agriculture irrigation
• Irrigation and drinking water supplies
The term “exempt” refers to supplies of goods and services that are not liable to VAT and that do not qualify for input tax deduction.
Examples of exempt supplies of goods and services
• Specific banking and financial operations
• Insurance and reinsurance
• Medical services
• Education
• Specific hiring, concession, leasing or letting of immovable property (unless option to tax is exercised)
• Sale of “old” buildings (unless option to tax is exercised)
• Re-imports of Romanian goods repaired abroad (equivalent to the exported goods)
• Imports of natural gas through specific distribution systems and electricity
Option to tax for exempt supplies. Any taxable person may opt to tax the hiring, concession, leas ing or letting of immovable property and the sale of “old” buildings by means of a taxation notification submitted to the competent tax authorities.
E. Time of supply
The time when VAT becomes due is called the “chargeability to tax” or “tax point.” The basic time of supply for goods is when the goods are delivered. The basic time of supply for services is when the services are provided. Several exceptions apply to these rules.
For intra-Community acquisitions or exempt intra-Community supplies of goods, the tax point arises on the day when the invoice is issued, the day when a self-invoice is issued or the 15th day of the month following the tax point, whichever is earlier.
Deposits and prepayments. The tax point for advance payments is when the payment is received. Special rules may apply in case of a change of tax regime, partial prepayments or partial advance invoices.
The tax point for a supply of goods, including immovable goods, with installment payments occurs when the goods are handed over to the beneficiary (unless an invoice is issued or a payment is received before that date).
Continuous supplies of services. The time of supply for continuous supplies of services; such as telephone services, water and electricity; is on the last day of the period specified in the contract for payment or on the date of issuance of the invoice. The settlement period should not exceed one year.
Goods sent on approval for sale or return. Romania implemented simplification measures regarding the supply of goods under call off/consignment stock and regarding the supply of goods sent for testing.
Regarding the call off/consignment stock simplification, if the simplification measure is applied, the time of supply of goods is when the goods are taken over/further sold by the consignee to its client. The simplification regime is applied under the following specific conditions:
• The consignee is registered for VAT purposes in Romania
• The EU Member State of origin does not consider the movement of the goods to Romania as a transfer, or it applies/accepts a similar VAT simplification regime
• The consignee or buyer of the goods from Romania is known by the supplier when the goods are transported from another EU Member State in Romania
For the supply of goods sent for testing under the simplification measure, the supply is deemed to take place at the date when the beneficiary accepted the goods. The simplification regime applies for goods that cannot be imported as samples.
Reverse-charge services. Certain services received by a Romanian taxable person from a foreign supplier are taxed in Romania using the reverse-charge mechanism, which means that the Romanian customer must account for the VAT due in the VAT return for the month in which the tax point occurs. In such circumstances, the customer reports the VAT as both output tax and input tax in the VAT return. If the beneficiary has a full right to deduct input tax, the charge is neutral for VAT purposes.
If no invoice is received from the foreign supplier, the Romanian beneficiary must issue a “selfinvoice,” which must be in a specified format, by the 15th day of the month following the month in which the services are supplied. If the beneficiary of the service is registered for VAT in Romania, the VAT due must be paid by the 25th day of the month following the month in which the tax point occurs. However, if the beneficiary is not registered for VAT in Romania under the normal regime, the reverse charge must be accounted for by using a special VAT return (with no right of deduction; consequently, the VAT due must be paid).
Leased assets. The tax point occurs on each payment deadline specified in the contract for making the payment. By way of derogation, VAT is due on the invoice date or on the date when an advance payment/prepayment is received, where such cases occur prior to the chargeable event.
Imported goods. The tax point for imported goods is the point when customs duties are due. In principle, the tax point for import VAT is the point when the goods are released into free circula tion. Exceptions may apply.
Intra-Community acquisitions. VAT is due on the issue of an invoice or self-invoice, or on the expiry of the 15th day of the month following the month of the supply if no invoice/self-invoice has been issued by that time.
Intra-Community supplies of goods. VAT is due on the issue of an invoice or self-invoice, or on the expiry of the 15th day of the month following the month of the supply if no invoice/self-invoice has been issued by that time.
Distance sales. There are no special time of supply rules in Romania for supplies of distance sales. As such, the general time of supply rules apply (as outlined above).
F. Recovery of VAT by taxable persons
A taxable person may recover input tax, which is due on goods and services supplied to it for business purposes. A taxable person generally recovers input tax, offsetting it against output tax, which is VAT charged on supplies made.
In principle, input tax includes VAT charged on goods and services supplied within Romania, VAT paid on imports of goods, and VAT self-assessed for reverse-charge services received and for intra-Community acquisitions of goods, as well as for certain taxable transactions subject to reverse charge.
Except for certain specific cases, the amount of VAT reclaimed must be requested through the VAT return. The excess of input tax over output tax is generally refundable. Alternatively, it may be offset against future VAT liabilities.
For taxable persons that are registered for VAT purposes in Romania, the minimum amount of a VAT refund is RON5,000 (approx. EUR1,000). Any amount below this threshold may be recov ered by offsetting it against other VAT liabilities.
Input tax on fiscal receipts is deductible only if the VAT code of the customer is on the receipt and the total value of the acquisition (including VAT) is lower than EUR100.
The time limit for a taxable person to reclaim input tax in Romania is five years. The five-year time limit is from 1 January of the year following the year for which the right to occurred. The VAT legislation does not specifically provide for such a time limit. However, as per the general rules provided by the fiscal procedural code, the right of the taxable person to request the refund of the tax receivables is prescribed within five years from 1 January of the year following the year in which the right to deduct occurred.
Nondeductible input tax. Input tax may not be recovered on purchases of goods and services that are not used in the performance of operations subject to VAT (for example, goods acquired for private use by an entrepreneur). In addition, input tax may not be recovered for some items of business expenditure.
Examples of items for which input tax is nondeductible
• Personal expenses
• Business gifts if the individual value of each item (tangible good) is higher than RON100 (approximately EUR20) and VAT was deducted on acquisition
• Alcohol and tobacco, unless they are used for taxable supplies of goods or services
Examples of items for which input tax is deductible (if related to a taxable business use)
• Advertising
• Hotel accommodation
• Conferences
• Purchase of vans and trucks, and leases of cars, vans and trucks
• Business travel expenses
Regarding the deductibility of input taxes on the acquisition of passenger road vehicles weighing no more than 3.5 tons and having a maximum of nine seats, including the driver’s seat, the deductibility of the input tax on the acquisition of such vehicles – whether by purchase, intraCommunity acquisition, import, rental or leasing – and on service expenses related to those vehicles is limited to 50%, if the vehicle is not used exclusively for business purposes.
However, a 100% deduction is available for vehicles used for certain specifically mentioned activities (for example, when used to render services against consideration, when used as mer chandise for commercial purposes or when used by sales and purchase agents) are not subject to
such provision. In this context, input tax recovery should be supported by backup documentation and logbooks.
Partial exemption. Input tax directly related to taxable supplies is fully recoverable, while input tax directly related to exempt supplies is fully non-recoverable. Input tax that is attributable to both taxable and exempt supplies (such as VAT paid on overhead costs) is deductible on a pro rata basis. The pro rata method is generally based on the percentage of income generated by sup plies with a right to input tax deduction, divided by total income. The calculation of recoverable VAT is based generally on the pro rata percentage for the preceding year. However, a special pro rata percentage may be used if approved by the tax authorities. Pro rata percentages may also be established for each sector of the taxable person’s activity that has a partial right to claim deductions.
Input tax related to acquisitions of goods or services that may be allocated to operations allowing VAT deduction right or to operations not allowing VAT deduction right is not deducted based on a pro rata (but based on direct allocation).
In case of acquisitions destined for investments, which will be used both for operations allowing VAT deduction rights and for operations not allowing VAT deduction rights, the taxable person can deduct the VAT fully during the investment period. This VAT will be adjusted in the first year when supplies will be performed using the good resulting from the investment.
Approval from the tax authorities is not required to use the partial exemption standard method in Romania. Special methods are not allowed in Romania.
Capital goods. Capital goods include any fixed tangible assets subject to depreciation, constructions and land of any kind held for the production or supply of goods or services, for rental or administrative purposes. It also includes the construction, transformation or modernization of immovable goods but excludes repairs or works of maintenance on these assets. Fixed tangible assets that are leased are deemed capital goods of the lessor.
Input tax is deducted in the year in which the goods are acquired. The amount of input tax deducted depends on the destination or use of the good and/or on the partial exemption of the taxable person. However, the amount of input tax deducted must be adjusted over time if the destination or use of the goods changes, the capital goods cease to exist or the taxable person’s partial exemption percentage changes.
In Romania, the capital goods adjustment scheme applies to the following assets for the number of years indicated:
• 20 years for the acquisition, construction, transformation or modernization of an immovable property, if the transformation or modernization amounts to at least 20% of the aggregate amount of the construction thus transformed or modernized
• 5 years for other movable capital goods
Taxable persons must keep records of the capital goods subject to the adjustment of input tax to allow the verification of the tax deducted and of the adjustments made. This statement must be kept for a period starting with the date when the tax related to the acquisition of the capital goods becomes chargeable and ending five years as of expiry of the period when adjustment of the deduction can be requested. Any other entries, documents and ledgers on capital goods must be kept for a similar period.
The adjustment period must start on 1 January of the year when assets were acquired or manufactured or of the year when assets were first used after transformation or modernization. The VAT deduction must be adjusted during the tax period when the event triggering the adjustment occurs, once for the entire tax related to the remaining adjustment period.
If during the adjustment period events resulting in the adjustment in favor of a taxable person or in favor of the tax authority take place, the VAT adjustment must be carried out for the same capital goods successively during the adjustment period whenever such events occur.
Input tax related to capital goods must not be adjusted where the amount from adjustment of each capital good is lower than RON1,000 (approx. EUR200).
In Romania, the capital goods adjustment can apply to any services that result in a capital good (e.g., construction works leading to a building).
Refunds. If input tax exceeds output tax, the balance (known as the “negative VAT balance”) may be treated in either of the following manners:
• Carried forward to the next period.
• Compensated or refunded by the tax authorities, based on an option exercised by the taxable person in the taxable person’s VAT return. This option may be exercised only for negative VAT balances exceeding RON5,000.
The VAT refund application may cover eligible input tax incurred in the period beginning with the fifth year before the year in which the claim is made (under certain conditions).
In principle, a VAT refund or compensation request must be processed within 45 to 90 days (in practice, this period may be longer). Depending on certain parameters, the VAT refund can be granted with or without a prior VAT audit (the Romanian tax authorities may approve the VAT reimbursement for a taxable person registered for VAT purposes in Romania before performing a subsequent VAT audit in cases where the value of the amount requested for reimbursement is lower than RON45,000). During the VAT refund process, the tax authorities may request addi tional information from the taxable person. Consequently, the term for making the repayment may be extended by the number of days between the date of the request for additional informa tion and the date on which the information is received by the tax authorities. If the refund or compensation request is not dealt with by the expiration of this term, in principle, the taxable person is entitled to receive late payment interest.
Pre-registration costs. Any taxable person is entitled to deduct VAT for the acquisitions made prior to VAT registration, as of when such person intends to perform an economic activity, within a period of five consecutive years. The intention of the person must be assessed based on objective elements, such as the fact that the person starts to incur costs and/or make preparatory investments required for the initiation of this economic activity.
Bad debts. Bad-debt relief may be applied only where the value of goods or services supplied cannot be received due to the bankruptcy of the beneficiary or as a result of implementation of a restructuring plan acknowledged and approved by a court decision through which a part of or the entire written-off receivable is canceled. In the case of a restructuring plan, bad-debt relief is allowed from the date of the court decision. In a bankruptcy case, bad-debt relief is allowed from the date of the court decision regarding the start of the bankruptcy.
Moreover, the taxable person may adjust the taxable base in case the total or partial value of the goods delivered, or services rendered, has not been collected from third-party individuals within 12 months of the payment period set by the parties/of the invoice date. The adjustment is per formed within five years from 1 January of the year following the one in which the payment term intervened, or in its absence, of the year following the one in which the invoice was issued. The adjustment is allowed only if it is proved that commercial measures have been taken for the recovery of claims up to RON1,000 (EUR200), inclusive, respectively, that legal proceedings have been undertaken for the recovery of claims higher than RON1,000 (EUR200).
Noneconomic activities. Input tax incurred on purchases that are used for noneconomic activities is not recoverable in Romania.