Tax & Legal Weekly Alert

4 February 2019

In this issue:

Changes brought to the tax risk assessment criteria, in the

case of VAT registration
The decision approving the VAT registration will be issued by the tax authority,
under certain conditions, on the same day the VAT registration request is
submitted, according to the Order published in the Official Gazette on January
31st, 2019.

Decision to set quota for work authorizations that can be

issued to foreigners during 2019
On Thursday, January 31st 2019, the Decision setting the quota for work
authorizations that can be issued to foreigners for the year 2019 has been
published.

Tax & Legal Weekly Alert: 04 – 08 February 2019 |1

Changes brought to the tax risk assessment criteria, in the
case of VAT registration
The VAT registration procedure according to art. 316 para. 1 letter c) of Law no.
227/2015 on Tax Code – i.e. when the taxable person has an annual turnover
not exceeding the exemption threshold, but opts for the normal taxation regime
– has been changed as follows:

- The possibility of filling-in and submitting electronically the Affidavit on

the VAT registration (hereinafter “the Affidavit”), together with the same
Affidavit handwritten-signed by the company’s administrators/ associates
is introduced;

- The Affidavit contains information through which the tax risk assessment
is performed (i.e. headquarter, deeds of associates and administrators,
information on the bank account, accounting services etc.);

- The Form 010 (i.e. the amendment tax statement) will be submitted to
the competent tax authority together with the submission proof of the
Affidavit;

- If the Affidavit submitted electronically is validated without errors, the

taxable person will not be allocated to the high-risk tax category.
Otherwise, the standard procedure for tax risk assessment (currently in
force and unmodified through the Order) will be applicable;

- The tax authority will issue the Decision approving the VAT registration
request on the same day the request is submitted (i.e. submission date of
Form 010);

- The assessment department proceeds to verify the information included

in the Affidavit within 15 days from the submission date of the VAT
registration request.

Thus, through this Order, the VAT registration procedure is simplified for the
taxable persons that opt for the normal taxation regime. The tax authority will
issue the Decision approving the VAT registration request on the same day the
request is submitted.

The new amendments are applicable starting with February 1st, 2019.

For further questions regarding the aspects mentioned in this alert,

do not hesitate to contact us.

Vlad Boeriu Elena Roșculeț

Partner Manager
+40 730 077 918 +40 730 585 731
vboeriu@deloittece.com erosculet@deloittece.com

Tax & Legal Weekly Alert: 04 – 08 February 2019 | 2

Decision to set quota for work authorizations that can be
issued to foreigners during 2019

The quota for work authorizations that can be issued during 2019 to foreign
citizens has been set at 20,000 workers.

Work authorizations are compulsory for foreigners who wish to perform work
activities in Romania and who are third country nationals (citizens of Switzerland
or of countries that are not EU/EEA Member States), as per the provisions of
Ordinance 25/2014 regarding the employment and assignment of foreign
individuals on the Romanian territory.

For further questions regarding the aspects mentioned in this alert, do not
hesitate to contact us.

Radu Derscariu Mihaela Vechiu

Director – Global Employer Services Senior Consultant – Global Employer Services
+40 730 585 661 +40 730 585 869
rderscariu@deloittece.com mvechiu@deloittece.com

Tax & Legal Weekly Alert: 04 – 08 February 2019 | 3

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