(P) Tax Flash: Amendments brought to Fiscal Procedure Code

(Government Emergency Ordinance No. 8 / 2014, published in the Official Gazette No. 151 on 28 February 2014) The Ordinance brings amendments and completions to several normative acts, including the Fiscal Code and the Fiscal Procedure Code. These amendments become effective upon their publication in the Romanian Official Gazette with certain exceptions. Among the most important changes, we mention the following: Fiscal Procedure Code The fiscal secret The change entitles any applicant which has the written consent of the taxpayer, to receive information related to taxes, fees, contributions and other amounts owed by the respective taxpayer to the general consolidated budget. Means of evidence The definition of the proof (as being any element which serves to ascertain a fiscal state of fact) and performing current, operative and unexpected checks and thematic inspections as new means of evidence that the tax authorities may use in order to determining the fiscal state of fact. Reporting obligations for residents of other EU member states The ordinance provides that payers of labour income, administrators’ fees, life insurance products not covered by EU legal instruments and pensions are required to file a return regarding the income paid to each beneficiary which is resident of other EU member states by the last day of February of the current year, for the previous year. In addition, taxpayers which are residents of other EU member states and which derive income from immovable properties situated in Romania are required to file a return regarding the realised income by 25 May of the current year for the previous year. Moreover, residents of other EU Member States are required to submit the tax return regarding immovable properties acquired in Romania, as stipulated and within the deadlines provided by the Fiscal Code. The form and the content of the above-mentioned tax returns will be approved through an order issued by the National Agency for Fiscal Administration (and the Ministry of Regional Development and Public Administration for the last above-mentioned form). Certification of tax returns Taxpayers may opt for the certification of the tax returns, including the rectifying tax returns, by a tax consultant registered as an active member in the tax consultants and tax consulting firms Registry. The certification of the tax returns represents an evaluation criterion for the risk assessment performed by the tax authorities for the purpose of selecting the taxpayers for tax audits. Anti-fraud control A new article was introduced in respect of the procedure for carrying out the anti-fraud control, represented by the operative and unplanned control, introduced through this ordinance. This type of control is performed by anti-fraud inspectors.