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Legislative summary - March 2019

In this issue:

 

·        VAT

·        Excise duties

·        Miscellaneous

 

·        VAT

In March 2019, the Court of Justice of the European Union issued two important decisions in the field of VAT, regarding sale and lease back operations (case C-201/18 Mydibel SA) and VAT exempt exports (case C-275/18 Milan Vins).

For more details, you may consult the Tax Alert no. 10 of 16 April 2019.

 

·        Excise duties

Order no. 1719 / 25 February 2019 approving the level of the  specific excise duty for cigarettes

The level of the specific excise duty for cigarettes in the period 1 April 2019 – 31 March 2020 is RON 366.147 / 1,000 cigarettes.

Official Gazette no. 166 / 1 March 2019

 

ANAF Order no. 508 / 28 February 2019

With the view of obtaining the license for wholesale of energy products, the condition regarding holding owned or rented storage facilities, as well as the one for physical reception and suppply of energy products have been repealed.

Official Gazette no. 171 / 4 March 2019

 

·        Miscellaneous

Government Emergency Ordinance no. 19 / 29 March 2019 for the amendment and addition of certain normative acts

The Emergency Ordinance brings amendments and addition to certain normative acts, amongst which  Government Emergency Ordinance no. 114/2018.

For more details, you may consult the Tax Alert no. 8 of 4 April 2019.

 

Order no. 1754 / 2019 of the Minister of Public Finances regarding the consumer price index used for updating the advance payments for profits tax purposes

For tax year 2019, the consumer price index to be used for updating the advance payments for profits tax is 102.8%

Official Gazette no. 211/ 18 March 2019

 

Order no. 819 / 2019 for the approval of the Procedure for the organization of the Register of Entities / religious institutions for which tax deductions are granted, as well as the model and content of some forms

The Order approves the procedure for the organization of the Register of entities / religious institutions for which tax deductions are granted.

Furthermore, the content and format of various forms are approved, amongst which Form 163 "Application for registering / de-registering on / from the Register of entities / religious institutions for which tax deductions are granted".

Official Gazette no. 223 / 22 March 2019

 

Government Decision no. 129 / 2019 published in the Official Gazette no. 186 of 8 March 2019

The Decision updates the values of annual taxes applicable for mining activities provided by Law no. 85/ 2003, as follows:

►     The annual tax for prospecting activities is set at RON 358/km2;

►     The annual tax for exploration activities is set at RON 1,437/km2;

►     The annual tax for exploitation activities is set at RON 35,923 /km2

Official Gazette no. 186 / 8 March 2019

 

NAFA Order no. 509 regarding the procedure for   publishing Debtors’ List / 4 March 2019

The order eliminates the procedure of publishing the list of individuals with debts to the State Budget on the NAFA website.

Official Gazette no. 171 / 4 March 2019

 

Law no. 45 / 11 March 2019 regarding ammendments brought to the Law no 95/2006 on public health system

The validity of the European Health Insurance is changed to 2 years (previously, the insurance was valid for one year).

Official Gazette no. 192 / 11 March 2019

 

Law no 47 on approving 2019 social security budget / 12 March 2019

The legislation provides for the new medium gross national wage – i.e., RON 5,163 (increased from RON 4,162)

Official Gazette no. 196 / 12 March 2019

 

Emergency Ordinance 15 / 14 March 2019 regarding prorogation of legal deadlines

The Ordinance provides for the extension the following:

►     Filing of the annual sole tax and social security return due from individuals from 15 March 2019 to 31 July 2019;

►     Filing of the form 230 representing the destination of the 2% or 3,5% of the annual income tax on salary income from 15 March 2019 to 31 July 2019;

►     Payment of the income tax and social charges due for the individual’s private income earned in 2018 from 15 March 2019 to 31 July 2019;

►     Receiving the tax and social charges incentive for the electronic submission of the 2018 annual tax return from 15 March 2019 to 31 July 2019.

Official Gazette no. 204 / 14 March 2019

 

For additional information, please contact:

 

Alex Milcev, Partner – Head of Tax&Legal
Nina Sava – Senior Manager, Indirect Taxes
Alexandru Mandru – Manager, Direct Taxes
Geanina Ciorata – Manager, People Advisory Services

 

Ernst & Young SRL

Bucharest Tower Center Building,

22nd Floor, 15-17 Ion Mihalache Blvd.,

Sector 1, 011171, Bucharest, Romania

Tel: (40-21) 402 4000, Fax: (40-21) 310 7124

Email: office@ro.ey.com

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