Cancellation of Ancillary Payment Obligations and New Tax Measures & Terms

March 31, 2021 Hristescu & Partners
  • The Procedure for the cancellation of ancillary payment obligations came into force on 17 March 2021. 

The Procedure describes the steps to be taken by debtors and the authorities’ mechanism to render the cancellation decision.  

The debtors can request the following categories of payment obligations to be cancelled: 

a) interest / delay increases;

b) penalties for the delay;

c) any other ancillary payment obligations.

However, not all ancillary payment obligations can be cancelled, but only the ones related to the primary payment obligations due by 31 March 2020 inclusive fulfil certain types of conditions. 

For the debtors to benefit from this measure, they need to address the authorities a request directly. Following a verification submitted by the national administration to ensure that the request fulfils all mandatory conditions, a decision shall be issued – granting or not the cancellation of ancillary payment obligations. 

 

  • On 29 March 2021, a new national Regulation came into force, namely the Emergency Ordinance no. 19/2021, regarding some fiscal measures and the modification and completion of some normative acts in the tax field. 

Among the modifications adopted, we will name a few, explicitly mentioning that it is not a complete list of changes adopted by the new act. 

Thus, taxpayers obliged to pay the specific tax to certain activities have been exempted from the specific tax for 90 days, starting with 1 April 2021. The exemption must be calculated according to the rules enshrined in the law act. 

Also, VAT’s recapitulative statement shall not mention any more the intra-Community transactions carried out by taxable persons in Romania with taxable persons in the United Kingdom of Great Britain and Northern Ireland, except for intra-Community transactions involving the carriage of goods to/from Northern Ireland.

Another new measure is that the debtor who wishes to restructure his budgetary obligations can notify the competent tax authorities about his intentions in the period 1 November 2020-30 September 2021. If not, they shall not exercise their rights to benefit from the restructuring of budgetary obligations. Also, the debtors must address an independent expert to draw up a restructuring plan and the test of the prudent private creditor. 

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