New changes and additions in the tax field: GEO no. 43/2024

The takeaway 

The Government of Romania has adopted Emergency Ordinance no. 43/2024 (GEO no. 43/2024), which brought changes and additions to the following normative acts:

• Government Decision no. 479/2003 for the approval of the Methodological Norms for the application of Government Emergency Ordinance no. 28/1999 regarding the obligation of economic operators to use electronic fiscal marking machines.

• Government Emergency Ordinance no. 41/2022 for the establishment of the RO e-Transport national system for monitoring the road transport of goods.

• Law no. 227/2015 regarding the Fiscal Code.

In detail

The main changes and additions are detailed below:

I. The Methodological Norms for the application of Government Emergency Ordinance no. 28/1999 regarding the obligation of economic operators to use electronic fiscal marking machines

Other data and information from the tax receipt and from the daily closing tax report, other than those provided for in annex no. 11 to the Methodological Norms for the application of the Government Emergency Ordinance no. 28/1999 regarding the obligation of economic operators to use fiscal electronic cash registers, which are transmitted by fiscal electronic cash registers to the national IT system for the supervision and monitoring of fiscal data.

II. Government Emergency Ordinance no. 41/2022 for the establishment of the National System for monitoring road transport of goods RO e-Transport

The obligation to declare in the RO e-Transport System the data related to the international transport of goods has been introduced for the following users:

• The service provider in Romania, in the case of commercial operations representing a non-transfer both for the goods unloaded on the territory of Romania for the provision of services and for the resulting goods reshipped to the state of the commercial partner.

• The beneficiary in Romania, in the case of commercial operations representing a non-transfer both for the goods shipped from Romania for the provision of services in a member state of the European Union and for the resulting goods reshipped to Romania.

• The customer in Romania, in the case of commercial operations that subscribe to the regime of stocks at the customer’s disposal when Romania is the member state to which the goods were shipped or transported, both for the goods unloaded on the territory of Romania and for the goods delivered in a later stage after arrival, to another taxable person in Romania or if the respective goods are returned to the Member State from which they were originally dispatched or transported.

• The supplier in Romania, in the case of commercial operations that subscribe to the regime of stocks at the customer’s disposal when Romania is the member state from which the goods were shipped or transported, both for the goods shipped from Romania and if the respective goods are returned to Romania.

The complementary sanction of the confiscation of the value of goods not declared in the RO e-Transport system (both in the case of goods transport with high fiscal risk and in the case of international goods transport) is no longer applicable if, as a result of the checks after the end of the road transportation of goods, the authorities note that, for the period to which the conducted operations refer, the economic operators (declarants) have accounting records and supporting documents in this sense.

Regarding the declaration obligation in the RO e-Transport system, new exceptions have been introduced:

• The transport of excisable products that circulate under a suspension of excise duties or with excise duties paid in the Member State of dispatch, according to the Fiscal Code, using the EMCS application for issuing the electronic administrative document (e-DA) or the simplified electronic administrative document (e-DAS).

• The transport of goods by postal service providers in postal parcels according to the provisions of Government Emergency Ordinance no. 13/2013 on postal services, with subsequent amendments and additions.

The sanctions that come into force as of 1 July 2024 apply to the acts committed and identified as of that date.

III. Supplementing and amending Law no. 227/2015 regarding the Fiscal Code

Title II Profit tax – Non-taxable income

A new category of non-taxable income has been introduced for use when calculating the fiscal result: the income from the reversal of the adjustment of receivables resulting from operations related to the subscribed and unpaid share capital, recorded as financial assets according to the accounting regulations in accordance with the International Financial Reporting Standards applicable to Romanian legal entities credit institutions established in accordance with Law no. 207/2022. This change applies as of the calculation of profit tax for the fiscal year 2024.

Title VIII Excise and other special taxes

As of 1 June 2024, products with nicotine which do not contain tobacco, intended for oral consumption, presented in the form of powder or particles or in any combination of those forms, sold in portions, are included in the scope of non-harmonised excise duties goods packed in sachets with tariff classification NC 2404 91 90. Economic operators which produce, import or purchase such products intra-community in Romania must comply with the obligations in terms of non-harmonised excise duties. For these products, the excise duty level is applied to the amount of solid substrate containing nicotine and is that provided in the new Annex no. 2 of title VIII of the Fiscal Code, ‘Excise duties and other special taxes’.

For the above-mentioned products in stock as at 1 June 2024, the generating fact and the chargeability of non-harmonised excise duties take place on the date of their sale on the domestic market.

Title X 1 Special tax on immovable and movable assets of high value

The local fiscal body has to send a notification to taxpayer individuals who own or jointly own residential buildings located in Romania for which the taxable value exceeds RON 2,500,000. The notifications are to include elements such as the amount of the taxable value determined for the building tax, and they are to be sent by 30 May of the year for which the special tax on immovable and movable assets of high value is due.

The special tax on real estate is to be calculated, declared and paid by September 30 of the year for which it is due (according to the previous provision, the deadline was 30 April).

The model and content of the declaration regarding the special tax on immovable and movable assets of high value are established by order of the National Tax Administration Agency president within 30 days as of the date of publication of GEO no. 43/2024.

Source: [Government emergency ordinance no. 43/2024 for the modification and completion of some normative acts, published in the Official Gazette no. 409 dated 30 April 2024]