Emergency Ordinance 89/2018 on certain fiscal and budgetary measures, and amending certain normative acts, including the Fiscal Code, was published on 9 October 2018.
The Ordinance also includes a derogation from the Water and Mines Act.
Tax treatment for specific operations conducted following the application of IFRS 9
Supplementary provisions regarding granting taxpayers 5% discounts for electronic submission of the single statement and advance income tax payment for the year 2018
The Ordinance states that the 5% reductions available apply to:
Reduced VAT rate of 5%
The ordinance extends the 5% reduced VAT rate to include:
Specific-case analyses should be conducted by the taxpayers to assess the extent to which the supply of food and / or beverages is accompanied by a sufficient number of related services to qualify the operation as a supply of restaurant / catering services, subject to the 5% VAT rate, or as a mere supply of food and / or beverages, subject to the 9% VAT rate. Such analyses should be carried out in accordance with the principles set out in the relevant the Court of Justice of the European Union case law;
The above NACE codes are as those in Order of the President of the National Institute of Statistics no. 337/2007.
Payment obligations under “Taxation assessment form regarding the health insurance contributions due by individuals according to art. 180 par. (1) lit. a) of the Fiscal Code”
Such tax assessment forms apply until the date of submission of the single statement, so they remain valid until the submission of the single statement as provided by the law for the reporting of the estimated revenue for the fiscal year 2019.
The obligation to pay health insurance contribution as determined through the tax assessment forms can be terminated either by submission of the single statement or by notification to the tax authorities in the case of taxpayers that are exempted from the contribution and of taxpayers that earn income for which the reporting obligation lies with the income payers.
New deadlines for payment of tax liabilities established through tax assessment forms for 2014 – 2017:
Elimination of the royalty on geothermal water and natural mineral water used for public consumption.
As of 1 November 2018, the 5% royalty on geothermal and natural mineral water used for public consumption is eliminated.
This Emergency Ordinance provides:
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Partner, Tax Services, Romania
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