We inform you that in Official Journal no. 780 of 03.10.2017 was published the Order of the President of the National Agency for Fiscal Administration no. 2.856/2017 (“OMFP – Order of the Public Finance Minister no. 2.856/2017”) that regulates the following aspects regarding registration for VAT purposes:
- approval of the Procedure for the assessment of the fiscal risk for taxable persons that request being registered for VAT purposes;
- approval of the Procedure of cancelling, ex officio, the registration for VAT purposes of the taxable persons who have a high fiscal risk;
- establishing criteria for the assessment of the fiscal risk in the case of registration and cancellation for VAT purposes.
The OMFP provisions 2.856/2017 shall enter into force starting from October 2017 and shall repeal the previous procedure for registration on VAT purposes regulated through Order of the President of the National Agency for Fiscal Administration no. 605/2017.
According to the new provisions, the persons who want to be registered for VAT purposes are subject to the assessment of the fiscal risk by the competent tax bodies according to certain criteria that concern aspects, like: (i) the office of the company, (ii) information regarding shareholders/directors, i.e. their involvement in companies under insolvency / bankruptcy, in fiscal inactivity, in temporary inactivity to RECOM, in cases of rejection / cancellation of registration for VAT purposes, (iii) outstanding tax liabilities, contraventions, crimes, income, tax residence both from the perspective of the company, as well as of shareholders/directors, (iv) information regarding the bank account, the activity conducted, the accounting services and the number of employees at company level.
Also, are regulated criteria or the assessment of the fiscal risk in case of cancellation ex officio of the registration for VAT purposes, in case the tax authorities find that a company has a high fiscal risk (these criteria being similar with those shown above, however in a smaller number).
The Darian Tax team is at your disposal with pleasure for any questions or discussions regarding this topic.
Sincerely,
The Darian DRS Tax team
Darian DRS AUDIT can help you in the organization and exercise of the internal audit.
The Darian DRS AUDIT team is at your disposal with pleasure for any questions or discussions regarding this topic.
Cu stimă,
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