7 September 2021
Romania has published Ordinance No. 8 of 30 August 2021 in the Official Gazette, which contains various amendments to the Tax Code. Unless otherwise specified, the amendments generally entered into force on 3 September 2021. As previously reported, some of the main corporate tax amendments include:
In addition to the above, certain VAT amendments are made including in relation to VAT registration and access to the EU One Stop Shop (OSS) for e-commerce. The amendments resolve infringement issues that were notified by the European Commission in July 2021 by amending prior registration rules that effectively excluded certain taxable persons from OSS. This includes new rules to allow small taxable persons with their registered office in Romania to apply the OSS regime without waiving the application of the special exemption regime for small enterprises, as well as new rules allowing (requiring) taxable persons to register for VAT when opting to apply the OSS regime in cases where the standard VAT registration conditions are not otherwise met.
The Ordinance also transposes an update to the EU VAT Directive adopted in July 2021 to provide that purchases of goods and services by an EU body on behalf of Member States to respond to the emergency posed by the COVID-19 pandemic are temporarily added to the list of exempted transactions in the VAT Directive, effective 1 January 2021. Previously, this exemption was limited to purchases made by an EU body for the official use of that EU body.
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