Amendments to the Fiscal Code Romania June July 2010

Amendments to the Fiscal Code (Emergency Ordinance no. 54/2010, Official Gazette no. 421/ 23.06.2010 and Emergency Ordinance no. 58/2010, Official Gazette no. 431/28.06.2010)

Change of the VAT rate • The current VAT rate is increased from 19% to 24%, starting with July 1^st, 2010.
New Registry of intra-community transactions • Starting with 1^st of August 2010, the Registry of intra-community operators will be set up by National Agency of Fiscal Administration and will include all taxable and non-taxable persons which perform intra-community transactions such as intra-community acquisitions/supplies of goods/services.

• From now on, all taxable and non-taxable persons which apply for VAT registration in Romania and intend to perform intra-community transactions should request registration in the Registry of intra-community operators.

• The registration in the Registry of intra-community operators will be made based on a request and submission of documents. The procedure and documents are detailed in Order no. 2101/2010.

• The taxable and non-taxable persons which are not registered for VAT purposes or whose administrator/associate is under criminal procedures can not be registered in the Registry of intra-community operators.

• Persons which are not included in the Registry of intra-community operators but are registered for VAT purposes in Romania are considered not having a valid VAT number for intra-community operations.

• Performing intra-community transactions by the persons not registered in the Registry of intra-community operators represents contravention and is sanctioned with a fine between RON 1,000 and 5,000.

Source: TPA Horvath