In the sample of risk are included individuals with a fortune displayed significantly (real estate, luxury cars and other high value items, receivables from lending to companies and / or individuals, significant deposits in bank accounts in Romania or abroad, high personal expenses) unjustified by the declared income.
According to the provisions of Chapter III Special provisions on the verification of individuals subject to income tax, from Title VII of the Tax Inspection of the Fiscal Procedure Code, the verification of the personal tax situation of individuals supposes a series of steps, namely: fiscal risk analysis, selecting the individuals who will be subject to prior fiscal documentation verification; prior documentary verification performed on selected individuals – is held at the headquarters of the tax authority, without notice to the taxpayer, based on the information and documents held by the tax administration; Fiscal verification of individuals for whom prior fiscal documentary verification found significant differences existing between the revenues estimated based on the personal tax status and tax administration declared income.
The outcome of the risk analysis consists of processing and compiling the list of individuals that exceed the minimum acceptable risk by the tax authority (significant differences between estimated income and declared income analysis) and the proposals for the prior fiscal documentation verification. In the prior fiscal documentation verification, it is requested information on individuals subject to verification from institutions such as banks, ANCPI, public notaries, local taxes directions, Directorate of Registrations, Register of Shipping, Aircraft Registry as well as from individuals or legal persons who had economic or juridic connections with the individual checked.
If between the estimated income and the income declared is a difference of 10%, but not less than 50,000 lei, the verification continues and it is issued a verification notice to the individual subject to the verification. In the fiscal verification are continued the proceedings begun in the previous stage, the verification being made with the cooperation of the individual and it is seeked to establish the taxable base for income tax proceedings, the procedure ending with the decision to impose or, where appropriate, the termination of verification .
Following the receipt of the notice, the vetted person shall have 60 days to submit supporting documents to the verification bodies or other relevant clarifications on its fiscal situation. In the same term, the individual must also submit the declaration of assets and income. The failure for submitting the declaration is an offense and shall be fined from 10,000 to 50,000 RON.
The procedure described above shall apply to income derived from 2011. In case of finding indicators that could meet the elements of an offense there are notified the competent criminal prosecution bodies.