The Tax Procedure Code has been amended

In the Official Journal no 71/2012 it was published Government Ordinance no 2/2012 amending and supplementing Government Ordinance No 92 / 2003, regarding the Tax Procedure Code.

The major amendments to the Tax Procedure Code refer to the following:
1. Advance Pricing Arrangement (APA) and Advance Tax Ruling (ATR):
The Ordinance specifies the base date for the assessment of the future tax situation (only in the case of APA).
Tax inspectors may pay visits to taxpayer’s tax domicile or to any other mutually agreed upon place in order to analyze such taxpayer’s documents.
The competent tax authority shall inform taxpayers of the ATR or APA project, enabling them to state their opinion thereon within 60 working days.
Taxpayers shall have 60 working days at their disposal to supply the tax authority, upon request, with further information.

2. Procedure for the elimination of double taxation in the case of Romanian affiliated parties: The Ordinance introduces provisions referring to the elimination of double taxation when transactions between Romanian affiliated parties are adjusted alike for tax purposes.

3. Amiable procedure under conventions for the avoidance / elimination of double taxation: Any taxpayer that is resident in Romania may request the National Tax Administration Agency to initiate amiable procedure in the case in which this authority deems that taxation in the other Member State does not comply with the provisions of the convention for the avoidance of double taxation.

4. The Ordinance provides for administrative cooperation in tax-related matters, detailing the procedure for cooperation and exchange of information. These provisions become effective as of 1 January 2013, while the provisions regarding the scope and conditions of spontaneous exchange of information commence being applied on 1 January 2015.

5. A tax administration act may also be communicated to taxpayers by such means as fax, e-mail or any other means of remote electronic communication.

6. Tax payable and tax receivable: Any amount collected, while garnished, in addition to the actual tax debt shall be refunded within five (5) working days of the collection date. Special rules are provided for the debtors that have outstanding tax debts.

7. Transaction documentation: At tax authority’s request, taxpayers shall submit all documents regarding a transaction whenever it is performed with entities settled in states where no legal instrument exists on the basis of which information can be exchanged.

Source: Mazars

This article is also available in: Romanian

This post is also available in: Romanian

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