In the Official Journal no. 780 / 03.10.2017 was published the Order of ANAF President no. 2856 on the criteria for the assessment of the fiscal risk in view of approving / maintaining VAT registrations.
The Order applies to taxpayers with place of economic activity in Romania which are already registered or are requesting registration for VAT purposes in either of the following situations:
The Order provides that, starting with October 2017, taxable persons with a high fiscal risk profile will be denied registration for VAT purposes. The assessment criteria in this respect will be subject to scoring system, with the applicant being classified as having a high tax risk profile if their score is below 51 points.
The fiscal risk assessment criteria concern various aspects related to the headquarters, insolvency / bankruptcy, fiscal inactivity, temporary inactivity with the Trade Registry, rejection / cancellation of the VAT registration, outstanding tax liabilities, minor offences, crimes, income, bank account, business activity, third parties, accounting services and employees.
As regards taxable persons already registered for VAT purposes, the order also provides for the criteria for assessing the fiscal risk, both (1) in respect of the default cancellation of the registration for VAT purposes of taxpayers with a high fiscal risk profile and (2) for the re-registration for VAT purposes of taxpayers that no longer have a high fiscal risk profile. The criteria cover various conditions in respect of headquarters, employees, accounting services, reporting discrepancies and tax residence.
Order no. 2856/2017 repeals Order of ANAF President no. 605/2017 on setting the criteria for registration for VAT purposes.
Companies intending to register for VAT purposes and those already registered must take into account the criteria set out in the new order, so as not to be assigned a high tax risk profile, in which case they would be denied the registration for VAT purposes or have it cancelled.