{"id":2520,"date":"2023-11-29T15:24:17","date_gmt":"2023-11-29T13:24:17","guid":{"rendered":"https:\/\/nowium.com\/bulletin\/newsletter-11-noiembrie-2023\/"},"modified":"2023-12-04T11:03:41","modified_gmt":"2023-12-04T09:03:41","slug":"newsletter-11-november-2023","status":"publish","type":"bulletin","link":"https:\/\/nowium.com\/en\/bulletin\/newsletter-11-november-2023\/","title":{"rendered":"Newsletter no. 11 \u2013 November 2023"},"content":{"rendered":"

Access the magazine version of this Newsletter in pdf format: English<\/strong><\/a>\u00a0or Romanian<\/strong><\/a><\/p>\n

Summary<\/h3>\n
    \n
  1. Draft law to amend the Fiscal Code (Draft Law<\/a>)<\/strong><\/li>\n
  2. New minimum salary levels in the fields of construction, agriculture and food industries (GEO 93\/2023<\/a>)<\/strong><\/li>\n
  3. Updated measures on maximum values for cash operations (GEO 98\/2023<\/a>)<\/strong><\/li>\n
  4. Presentation of documents in a foreign language when verifying personal fiscal situation (Order 1882\/2023<\/a>)<\/strong><\/li>\n
  5. INTRASTAT thresholds for 2024 (Order 1539\/2023<\/a>)<\/strong><\/li>\n
  6. Other legislative news<\/strong><\/a><\/li>\n
  7. Closing exchange rates for November 2023<\/strong><\/a><\/li>\n
  8. Social indicators<\/strong><\/a><\/li>\n<\/ol>\n
    \n

    DRAFT LAW to amend and complement Law 227\/2015 on the Fiscal Code<\/span><\/h2>\n

    Summary<\/span><\/h3>\n

    The Government has adopted a draft law to amend and complement the Fiscal Code, by transposing certain provisions of the EU VAT Directive into domestic law. The amendments and complements should be applicable starting the 1st<\/sup> of January 2024.<\/p>\n

    It is a draft law long-awaited by the business environment, specifically for measures that will expand the possibility to grant price discounts, other than directly to customers. This measure comes from the implementation of ECJ decision C-717\/19 – Boehringer Ingelheim.<\/p>\n

    The draft law was adopted by the Government on the 23rd<\/sup> of November and will be subject to Parliament’s approval and presidential promulgation prior to being published in the Official Gazette and entering into force.<\/strong><\/p>\n

    Details<\/span><\/h3>\n

    The primary measures brought around VAT by the draft law are presented below:<\/p>\n

    Expected changes in the area of VAT<\/strong><\/p>\n

    1. For compatibility with provisions of art. 90 para. (1) of the VAT Directive, as interpreted by ECJ in case C \u2013 717\/19, it is necessary to amend art. 287 letter c) of the Fiscal Code, by eliminating the reference to provisions of art. 286 para. (4) letter a) of the Fiscal Code, which conditions the adjustment of VAT tax base for price discounts granted after delivery of goods\/provision of services on the fact that they are granted directly to customers.<\/em> Thus, it will be possible to adjust VAT initially collected by taxable entities for all price discounts subsequently granted, regardless of whether they are granted directly to customers or through other price discount mechanisms. It is also necessary to introduce a provision at art. 330 to establish a centralized document based on which taxable entities may adjust VAT tax base for discounts that are not directly granted to customers.<\/p>\n

    2. Taking into account the European Commission\u2019s recommendations regarding Single-Entry Point defined in the VAT Guide, clarification of the deadline to submit declarations\/tax returns related to special regimes provided by art. 314, 315 and 3152<\/sup> of the Fiscal Code, with express reference to the last calendar day of the month, even if this is a non-working day, is proposed.<\/p>\n

    This should help avoid situations where, although declarations related to special regimes provided by art. 314, 315 and 3152<\/sup> of the Fiscal Code, were submitted within the deadline according to Romanian legislation, the taxable entity applying the special regimes in Romania would have been assessed interest and penalties for exceeding the deposit and payment deadlines by the consumer Member States, due to the fact that according to their legislation the deadlines were not observed.<\/p>\n

    3. The draft law includes a proposal to repeal provisions of art. 316 para. (61) and (62) of the Fiscal Code on the possibility to appoint an authorized fiscal representative for operations provided by art. 293 para. (1) letter m) of the Fiscal Code, considering that the obligations of taxable entities that are not established and not registered under the scope of VAT in Romania, including these operations, may be fulfilled through the fiscal representative provided by art. 316 para. (7) of the Fiscal Code<\/p>\n

    4. In order to transpose the provisions of (EU) Council Directive 2020\/284 amending Directive 2006\/112\/EC regarding introduction of certain requirements for payment service providers into domestic law, the following amendments are proposed:<\/p>\n