The main fiscal legislative news of October 2024

1. Amendments and simplifications to the Fiscal Amnesty Procedure

Order No. OMF 6410/2024 introduces updates to the fiscal amnesty application procedure, aligning it with recent legislative amendments. The main provisions include:

1. Extension of amnesty for individuals: Individual debtors who receive ex officio tax assessments for income in 2019 and 2020 may benefit from fiscal amnesty; 

2. Postponement of payments for fines and judicial costs: Payment deferral for cancellation also applies to fines and judicial costs, except those arising from criminal offenses;

3. Simultaneous payment installments and amnesty: Debtors with installment payments, including those set between September 6 and November 25, 2024, may benefit from amnesty without paying all accessory amounts;

4. Cancellation of accessories for EU funds: Principal budget obligations related to national public funds allocated to European funds fall under accessories eligible for cancellation.

The Order of the Minister of Finance No. 6410 of October 28, 2024, was published in the Official Gazette No. 1089 of October 31, 2024.

2. Postponement of the new property taxation system by emergency ordinance 124/2024

Government Emergency Ordinance No. 124 of October 23, 2024, postpones certain property taxation measures.

The effective date for the regulations on residential and non-residential building tax has been deferred to January 1st, 2026 (per provisions of Government Ordinance No. 16/2022).

This ordinance marks the second postponement of the building taxation reform, initially scheduled for 2023, then deferred to 2025, and now to 2026. 

Taxation for Individuals and Legal Entities

• Individuals: Existing rules remain, with residential building tax rates ranging from 0.08% to 0.2% of the taxable value for 2025. From 2026, a minimum rate of 0.1% for residential buildings will apply;

• Legal Entities: The taxation regime remains similar, with residential building tax rates ranging from 0.08% to 0.2% for 2025, and non-residential building rates from 0.2% to 1.3%. From 2026, a minimum rate of 0.5% will apply to non-residential buildings.

Government Emergency Ordinance No. 124 of October 23, 2024, was published in the Official Gazette No. 1069 of October 24, 2024.

3. Registration of non-resident payment service providers in Romania

ANAF president's Order No. 6.508 establishes form (709) “Registration Request for Non-Resident Payment Service Providers in Romania,” in accordance with Art. 321² para. (2) of Law No. 227/2015.

This order addresses the need to combat VAT fraud, per Directive (EU) 2020/284, requiring payment service providers to monitor and report cross-border payment beneficiaries receiving more than 25 payments per quarter. The data will be centralized in the Central Payment Information Electronic System (CPIES) and accessible to anti-fraud experts via the Eurofisc network.

Non-resident payment service providers must submit form 709 electronically within 15 days after the end of the first quarter. 

Following submission, NAFA will assign a registration number, which is not a tax identification number.

Providers who no longer offer services will inform NAFA using form 709, marking the "RENUNȚARE" ( (“WITHDRAWAL”) section.

The NAFA president’s Order No. 6508 was adopted on October 10, 2024, and published in the Official Gazette No. 1045.

4. Romania suspends the double taxation treaty with Russia

On October 14, 2024, Romania suspended the application of the Fiscal Convention with Russia for double taxation on income and capital, signed in 1993. This decision was formalized by Order No. 2.009/2024 of the Minister of Foreign Affairs.

Order No. 2.009/2024 by the Minister of Foreign Affairs was published in the Official Gazette, Part I, No. 1.027.

5. New measures regarding cash register usage

Published and effective from October 25, 2024, EO 125/2024 introduces new measures and exemptions for economic operators regarding cash register usage and imposes a new fiscal reporting obligation.

Main Changes:

1. Postponements for QR Code implementation on fiscal receipts

Penalties (RON 2,000-4,000) for failing to display QR codes on fiscal receipts are suspended until September 1, 2025, providing additional time for implementation. 

2. Exemptions for electric vehicle charging stations

EV charging stations accepting payment exclusively via bank cards or e-wallet applications are exempt from using cash registers.

3. Postponements for commercial vending machines with cash registers

Operators who have contracted for cash register acquisition, with a delivery deadline until December 31, 2024, are temporarily exempt from non-compliance penalties.

Starting January 1, 2025, ASF-regulated entities must report biannual data on life insurance and other financial products. Implementation of this obligation will be regulated by a joint NAFA-ASF order within 60 days.

Government Emergency Ordinance No. 125 of October 23, 2024, was published in the Official Gazette No. 1073 of October 25, 2024.

Disclaimer

The information contained in this newsletter is intended to give you an overview of new legislation; the newsletter does not contain a comprehensive analysis of each topic. For further information on the topics covered please contact us. No responsibility is accepted for decisions or omissions following the use of the content of this newsletter. 

Crowe România