Under the Project, the most important changes concern: income tax, VAT, excise duties and other special charges, income from independent activities, financing of health spending and the extension of deadlines.
Regarding the income tax, the Project provides inter alia:
1. Elimination from the Fiscal Code, for taxpayers who derive income from independent activities, rental and leasing income from agricultural activities, forestry and fisheries of liability provisions on the organization and management in simple entry accounting and those referring on completion of the Registry – log receipts and payments and inventory ledger.
2. Specifies the exceptions from the obligations on the organization and management of accounting in the Fiscal Code, in the categories of income.
3. The obligation on completing tax registers. The contents of this register are to be approved by the Minister of Finance.
Regarding the VAT, the Project provides, inter alia:
1. Defining the television broadcasting services, to ensure uniform application of the new rules on the place of supply of these services to non-taxable persons, from 1 January 2015;
2. Change of currency (from lei in euro) in which there will be submitted the special statements of VAT and in which the VAT amount will be paid in Member State of consumption, by taxable persons which will apply special arrangements for electronic services, telecommunications, broadcasting provided by non taxable persons, with effect from January 1, 2015.
3. Establishment of provisions according to which, in the context of applying the special scheme for electronic services, telecommunications, broadcasting, provided by taxable persons, with effect from 1 January 2015, Romania is the Member State of registration, from the amounts transferred to each Member State of consumption, it will be retained a percentage, according to Regulation (EU) No. 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax (recast);
Regarding the excise and other special taxes, the Project provides, inter alia:
1. From 1 January 2015 the excise duty will be expressed in lei per measurement unit using the RON practiced in 2014. As of 2016, the so obtained level is updated annually by the consumer price growth in the last 12 months, calculated in September preceding the application, communicated officially by the National Statistics Institute until 15 October.
2. In the case of cigarettes, by setting the minimum excise duty levels in lei, it was found that the level of 90 euros / 1000 cigarettes, minimum level required by Directive 2011/64 / EU of 21 June 2011 on the structure and rates of excise duties on manufactured tobacco and which was negotiated to be reached on 1 January 2018, will be achieved on 1 April 2015. Consequently, the calendar of gradual increase on minimum excise duty on cigarettes contained in Annex 6 of the Fiscal Code is no longer justified, this Annex being repealed. Determination of the amount of excise duty in lei implies to the state budget an annual establishment of specific excise duty on cigarettes in lei. Considering that the annual determination of this component of excise duty on cigarettes is a purely technical process, which involves only performing calculations and do not require the opinion of other institutions to streamline the legislative process and efficiency, it is proposed that specific duty to be approved by Order of the Minister of Public Finance.
3. Also, for treatment unit, the tax payable for crude and excise duty due to products other than those for which harmonized excise duty is due to the European directives will all be expressed in lei per unit of measure, with the price index update consumption in the last 12 months.
4. In the same sense, it should be established in lei the differentiated levels of excise duty to be refunded to operators for gas oil fuel in road transport of goods and people.
5. Also, a formula was introduced as a transitional measure for 2015, which regulates the way it sets the minimum and maximum amount of the guarantees set forth in euro and rules for the application of Law no. 571/2003 regarding the Fiscal Code, approved by Government Decision no. 44/2004, as amended and supplemented.