Extension of the tax amnesty period, amendments to the Tax Code and the Tax Procedure Code: GEO no. 132/2024

The takeaway 

Government Emergency Ordinance (GEO) no. 132/2024 amending and supplementing GEO no. 107/2024 for the regulation of certain fiscal-budgetary measures in the field of managing budgetary receivables and the budget deficit for the general consolidated budget of Romania in 2024 (tax amnesty), to the Tax Code, the Tax Procedure Code and other normative acts. 

We present the main amendments below. 

In detail

• GEO no. 107/2024 regulates fiscal-budgetary measures in the field of managing budgetary receivables and the budget deficit for the general consolidated budget of Romania in 2024 (amnesty) 

The deadline for granting fiscal facilities consisting of the cancellation of 50% or 25% of the main budgetary obligations and of the accessory obligations related to the main fiscal obligations outstanding as at 31 August 2024 for individual debtors has been extended to 19 December 2024. For more information on the cancellation of interest, penalties and all accessories related to the main budgetary obligations outstanding as at 31 August 2024 under the conditions established by GEO no. 107/2024, you can find an analysis of the ordinance and the hypotheses for applying the tax amnesty at this LINK on the PwC website. 

For debtors who on the date of entry into force of GEO no. 107/2024 (6 September 2024) benefitted from the instalment plan, as well as those which obtained the instalment plan in the period between the date of entry into force of GEO no. 107/2024 and 25 November 2024, the cancellation of interest, penalties and all accessories is granted if the cancellation request is submitted by 19 December 2024 and the payment instalment plan is finalised by the date of submission of the cancellation request, but no later than 19 December 2024. 

If the debtor has submitted the notification by 25 November 2024 but does not submit the cancellation request by 19 December 2024, it benefits from the cancellation of some budgetary obligations if it meets the conditions provided by law, by issuing ex officio the cancellation decision by the fiscal body, after ascertaining the fulfillment of the conditions provided by GEO no. 107/2024. 

If the debtor (i) submits the request for cancellation of some budgetary obligations before the fulfillment of the conditions provided by law and (ii) the decision rejecting this request was not issued, but the conditions provided by law were met as at 19 December 2024, the fiscal body issues the decision to cancel some budgetary obligations after ascertaining the fulfillment of these conditions. 

Debtors which as at 19 December 2024 have value added tax refund applications pending for which, after this date, the fiscal body rejects the refund in whole or in part, benefit from the cancellation of ancillary budgetary obligations if they pay the budgetary obligations on which the cancellation depends and have not been extinguished by offsetting with the amounts stated in the refund request, within 30 days as of the date of communication of the decision rejecting the refund. 

• Fiscal Code 

As of 1 January 2025, by way of derogation from art. 342 paragraph 1 of the Fiscal Code, the level of excise duties provided for in Annex 1 of Title VIII – Excise duties and special taxes for certain categories of excisable products, namely sparkling wines, fermented beverages other than beer and wines, intermediate products and ethyl alcohol, will be as stated in GEO no. 132/2024: 

• sparkling wines: RON 69.26/hl for 2025 and RON 72.72/hl for 2026;

• fermented beverages, other than beer and wines: still RON 580.03/hl for 2025 and RON 609.03 /hl for 2026 and sparkling: RON 69.26/hl for 2025 and RON 72.72/hl for 2026; 

• intermediate products: RON 580.03/hl for 2025 and RON 609.03/hl for 2026; 

• ethyl alcohol: RON 4,833.46/hl of pure alcohol for 2025 and RON 5,075.13/hl of pure alcohol for 2026 and ethyl alcohol produced by small distilleries RON 2,416.72/hl of pure alcohol for 2025 and RON 2,537.56/hl of pure alcohol for 2026. 

• Fiscal Procedure Code 

The obligation has been introduced for the National Agency for Fiscal Administration (ANAF) to register, at the request of a notary public, a non-resident person without a fiscal identification code. The fiscal registration procedure of the non-resident person will be approved by order of the ANAF president, based on consultation with the National Union of Notaries Public of Romania, within 60 days as of the date of entry into force of GEO no. 132/2024. 

Source:[Government Emergency Ordinance no. 132/2024 amending and supplementing the Fiscal Code, supplementing the Fiscal Procedure Code, as well as for amending and supplementing some normative acts, published in the Official Gazette no. 1.169 dated 22 November 2024]