RomaniaManual

  1. VAT in Europe
  3. VAT in Romania
  5. VAT Returns in Romania

VAT Returns in Romania

Frequency of VAT Returns in Romania

The frequency of filing of the periodic VAT returns depends on the estimated annual turnover of the previous year in Romania and on whether intra-Community acquisitions are expected.

The two criteria that must be taken into account when checking the reporting frequency are:

  • If Intra-Community acquisitions of goods were performed during the previous year, then the VAT return must be filed on a monthly basis.
  • If the annual turnover of the previous year exceeds EUR 100,000, then the VAT return must be filed on a monthly basis. The turnover is computed taking into consideration taxable and/or exempt operations with deduction right performed during the year, including invoices issued for advance payments for these operations. Annual Turnover contains the total NET value from sales (domestic sales, Intra-Community sales and exports). The conversion in RON of the threshold is done by using the exchange rate published by NBR in the last working day of the preceding year.

If no intra-Community acquisitions are performed, and the annual turnover remains below EUR 100,000, the correct reporting period is quarterly.

Once the conditions for frequency change are met, communicating the change of frequency of filing is a mandatory action from taxpayers. Also, quarterly taxpayers must submit a form 700 to declare that the annual turnover did not exceed the EUR 100,000 threshold.

  • Frequency of filing

    • Monthly
      Turnover exceeding EUR 100,000 or performing intra-Community acquisitions in Romania.
    • Quarterly 
      Turnover not exceeding EUR 100,000 and not performing intra-Community acquisitions in Romania.

Find here access to form 700 for the communication of periodicity. The rules for frequency of filing can be found under Art. 322 of the Romanian Fiscal Code.

Due Date of Romanian VAT Returns

Deadlines are different for VAT return submissions and VAT payments linked to these returns.

  • Due dates

    • Monthly
      The 25th day of the following month.
    • Quarterly
      The 25th day of the following month.

Check here the official tax calendar in Romania.

VAT Payments in Romania

Non-established companies will often make payments from an overseas account.

The following details are used for paying taxes from abroad when you choose the method of paying via bank transfer:

  • Name of the recipient: Trezorerie operativa Municipiul Bucuresti
  • IBAN code: RO10TREZ70020A100101XTVA
  • SWIFT code: TREZROBU
  • Reference: TVA DECONT (reporting period) – ROXXXXXXXXX (VAT number of the taxpayer).
  • TVA incasata pentru operatiuni interne

Have a look here at the information leaflet of the ANAF about payment details.

VAT Refunds in Romania

When a taxable person declares more VAT deductible (input VAT) – e.g., due to purchases-, than VAT collected from sales (output VAT), the difference is a VAT credit which may be claimed for refund or carried forward to the following period to compensate with future output VAT. The excess of input VAT is also known as “negative amount of VAT” (in the local language, Suma negativă a TVA).

  • Excess of input VAT can be claimed at any reporting period provided that the amount is higher than RON 5,000. To ask for a refund, you must tick the relevant box in the VAT return, replying to the question: Solicitati rambursarea soldului sumei negative de TVA? Do you request reimbursement of the balance of the negative amount of VAT?
  • Alternatively, you can carry forward the VAT credit to the next reporting period.

The statute of limitations applies to the recovery of input VAT, in this case, five years. However, if a corrective invoice is issued after the statute of limitations ended, the recipient can deduct the input VAT from that invoice within the special term of 1 year.

Find here the tool to request the VAT refund of input VAT. This is regulated in Art. 301.2 Romanian Fiscal Code.

Nil and Corrective VAT Returns in Romania

A nil VAT return needs to be submitted even if there are no transactions to be reported for that period.

Errors or omissions in a VAT return (periodic or annual) are considered as material errors, and they must be corrected within the statute of limitations of five years. This is requested by way of indicating the correction in the next VAT return, selecting the corresponding boxes.

Material errors can be corrected by the tax administration at the taxpayer’s request, following a specific procedure. Material errors include, typos, figures in the wrong order, duplication of input VAT refunds from other periods, etc.

The procedure to correct errors in VAT returns consists of the following steps:

  • Submission of the request for correction of material errors together with the supporting documents.
  • The tax authorities may book an appointment to have a meeting at the tax office, including any missing documents required.
  • The tax authorities will prepare a final report explaining how they will rectify the errors. Based on this report, the tax office will issue a correction decision.

When as a result of a correction there is additional payable VAT, the tax office will normally apply late payment charges. This is referred under Art. 323 RO Fiscal Code.

VAT Penalties in Romania

  • Cases and penalties

    • Late filing
      Failure to submit or late submission of VAT returns will trigger a fine from RON 1,000 to RON 5,000 for the medium and large taxpayers, and a fine from RON 500 to RON 1,000 for other taxpayers.
    • Late payment

      Where the incomplete/incorrect information gives rise to additional VAT due, late payment charges would apply. For late payment of VAT, the following penalties apply: late payment interest of 0.02% per each day of delay; and late payment penalty of 0.01% per each day of delay.

    • Late registration
      A fine from RON 1,000 to RON 5,000 for the medium and large taxpayers and a fine from RON 500 to RON 1,000 for other taxpayers.

Find here additional information about penalties for non-compliance in Romania. The above penalties are regulated in Articles 173-183 and 336-337 of the Romanian Fiscal Code. Finally, here you will be able to download an official guide about the topic.

Romanian Tax Authorities Contact

Agenția Națională de Administrare Fiscală (ANAF)

OSS

Intrastat returns

Address: B-dul Libertăţii 16, Sector 5, Bucharest, Postal Code 050706, Romania

  • Help-desk telephone numbers: +4021 317 77 20 / 21 / 22 / 23 or  +4021 311 50 13
  • Email Help-desk: intrastat@insse.ro

Web: www.intrastat.ro  

Customs contact : AUTORITATEA VAMALĂ ROMÂNĂ

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