Romanian National Agency for Fiscal Administration approves country-by-country report (CbC) and CbC notification templates

21/12/17

In brief

On 11 December 2017, the electronic versions of the country-by-country (CbC) report and CbC notification templates were published by the Romanian National Agency for Fiscal Administration. 

Previously, on 14 November 2017, the National Agency published Order no. 3049/2017, which approved the CbC report and CbC notification templates, as well as the procedure for their submission. However, in the absence of the above-mentioned electronic templates, submission of the CbC reports technically was not possible.

In detail

On 11 December 2017, the Romanian National Agency for Fiscal Administration published on its website the electronic forms of the CbC report and CbC notification templates that are to be used for submission by the Romanian taxpayers – Forms R404 and R405, respectively.

The CbC report and CbC notification templates previously were approved by the National Agency on 14 November 2017 through Order no. 3049/2017 (the Order).

The Order also provides the procedure for completion of and submission of the CbC report and CbC notifications, in line with the legislative framework adopted earlier.

CbC report template

The CbC report template is in line with the template provided by the Directive (EU) 2016/881 of 25 May 2016 and comprises the following sections:

  • Romanian reporting entity’s identification data;
  • MNE group identification data;
  • Overview of allocation of income, taxes, and business activities by tax jurisdiction;
  • List of all the Constituent Entities of the MNE group included in each aggregation per tax jurisdiction; and
  • Additional information.

The CbC report is to be submitted for the fiscal years starting with 2016, within 12 months of the last day of the reporting fiscal year of the MNE Group.

CbC notification template

The CbC notification should be used by the Romanian resident entities that are part of MNE groups to:

  • notify the Romanian tax authorities whether they are the ultimate parent, the surrogate parent, or other Romanian resident entity required to file the CbC report, or
  • notify the Romanian tax authority regarding the identity of the MNE member that is filing the CbC report, and its residency.

 

CbC notification should be submitted by the last day of the reporting fiscal year of the MNE group, but no later than the deadline for filing the tax return of the respective constituent entity for the preceding fiscal year.

Submission procedure

The Order provides the following alternatives for submission of the CbC report and CbC notifications:

  • Submission to the competent Romanian Tax Authorities in PDF format, accompanied by an XML file recorded on a CD, as well as by a duly signed paper-based version, or
  • Submission by electronic means, in line with legislative provisions.
[Source: Order of the Romanian National Agency for Fiscal Administration no.3049/2017 dated 14 November 2017]

The takeaway

The Romanian National Agency for Fiscal Administration has approved the CbC report and CbC notification templates, as well as the related procedures for their completion and submission.

In light of the approval of these templates, the Romanian resident entities that are members of MNE groups should assess their obligation to submit a CbC report and/or CbC notification in order to observe the deadlines provided by law.

Contact us

Mihaela Mitroi

Partner, Tax Services, Romania

Tel: +40 21 225 3672

Ionuț Simion

Country Managing Partner, Romania

Tel: +40 21 225 3708

Daniel Anghel

Tax and Legal Services Leader, Romania

Tel: +40 21 225.3794

Diana Coroabă

Partner, Tax Services

Tel: +40 21 225 37 94

Ionuţ Sas

Partner, Tax Services, Romania

Tel: +40 21 225 3741

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