The Ministry of Finance made public on Tuesday the draft emergency ordinance regarding fiscal amnesty. The document proposes, among other things, that companies with debts to the state as of August 31, 2024, will be able to waive their interest and penalties if they pay the principal amount and submit a request by November 25.
For individuals, they can benefit from a reduction of up to 50% of the principal debt.
The Ministry of Finance hopes to collect 9 billion lei this year from the fiscal amnesty granted to companies.
The explanatory note of the normative act states that the current situation of uncollected budgetary claims in the consolidated general budget with potential for recovery indicates a value of budgetary claims that have not been collected by the due dates amounting to 71.8 billion lei, of which 60.5 billion lei represent principal tax obligations, and 11.3 billion lei are accessory tax obligations.
- The full text of the project can be consulted HERE
Amnesty for Companies
The following tax facilities are proposed:
A. Cancellation of all accessories related to outstanding main budgetary obligations due to the consolidated general budget, overdue as of August 31, 2024, managed by ANAF, under the following conditions:
- settlement by the date of the submission of the cancellation request, including but no later than November 25, 2024, of outstanding main budgetary obligations as of August 31, 2024;
- settlement by the date of the submission of the cancellation request, including but no later than November 25, 2024, of main budgetary and accessory obligations managed by the central tax authority with payment deadlines between September 1, 2024, and the date of submission of the cancellation request, including but no later than November 25, 2024;
- filing of all tax returns, according to the tax vector, by the date of the submission of the cancellation request, including but no later than November 25, 2024;
- filing, by November 25, 2024, of the request for cancellation of accessories, under penalty of forfeiture.
B. Cancellation of all accessories related to main budgetary obligations additionally declared by the debtor through a rectifying declaration, with a deadline prior to August 31, 2024, managed by ANAF, under the following conditions:
- the rectifying declaration must be submitted from September 1, 2024, until the submission date of the cancellation request, including but no later than November 25, 2024;
- the individualized obligation in the rectifying declaration must be settled by the same date;
- settlement by the date of the submission of the cancellation request, including but no later than November 25, 2024, of main budgetary and accessory obligations managed by the central tax authority with payment deadlines between September 1, 2024, and the submission date of the cancellation request, including but no later than November 25, 2024;
- filing of all tax returns, according to the tax vector, by the date of the submission of the cancellation request, including but no later than November 25, 2024; - filing of the request for cancellation of accessories by November 25, 2024, under penalty of forfeiture.
C. Cancellation of all accessories related to main budgetary obligations with deadlines prior to August 31, 2024, settled by this date, under the following conditions:
- main budgetary obligations with deadlines prior to August 31, 2024, have been settled by this date;
- settlement by the date of the submission of the cancellation request, including but no later than November 25, 2024, of main budgetary and accessory obligations managed by the central tax authority with payment deadlines between September 1, 2024, and the submission date of the cancellation request, including but no later than November 25, 2024;
- filing of all tax returns, according to the tax vector, by the date of the submission of the cancellation request, including but no later than November 25, 2024;
- filing of the request for cancellation of accessories by November 25, 2024, under penalty of forfeiture. Thus, the proposed measure allows the cancellation of accessories related to main budgetary obligations that have been settled by August 31, 2024, if these accessories are calculated by tax administrative acts communicated by the tax authority.
D. Cancellation of all accessories related to main budgetary obligations with deadlines prior to August 31, 2024, established by a tax assessment decision issued as a result of an ongoing tax audit at the entry into force of the emergency ordinance, under the following conditions:
- the differences in main budgetary obligations must be paid within the payment deadline set by the tax assessment decision;
- the request for cancellation of accessories must be submitted within 90 days from the date of the tax assessment decision, under penalty of forfeiture.
For Individuals
Individuals, including self-employed individuals, liberal professions with debts, can benefit from:
- waiver of 50% of the principal debt and 100% of accessories (interests and penalties) if their debt is up to 5,000 lei
- waiver of 25% of the principal debt and 100% of accessories if their debt is over 5,000 lei
Debts recorded as of August 31 are taken into account, and to benefit from the amnesty, debts must be paid by November 25 (50% for those below 5,000 lei and 75% for those above 5,000 lei).
Bonus for Companies with Up-to-Date Tax Payments
Another proposed tax facility concerns granting a 3% bonus on annual corporate tax and microenterprise income tax for the fiscal year 2024/amended fiscal year beginning in 2024, as applicable.
The amounts subject to the bonus are not refunded but used to offset other taxes and fees.
The bonus is granted by ANAF with compliance with the following conditions by companies:
- Having all tax returns filed according to the tax vector;
- Fully settling the annual corporate tax/microenterprise income tax by the legal deadlines for filing the returns declaring the corporate tax for the fiscal year 2024/amended fiscal year beginning in 2024, respectively declaring the microenterprise income tax for the fourth quarter of the fiscal year 2024, as per the law;
- Having no other outstanding fiscal/budgetary obligations at the legal deadline for filing the returns declaring the corporate tax for the fiscal year 2024/amended fiscal year beginning in 2024, or declaring the microenterprise income tax for the fourth quarter of the fiscal year 2024, according to the law.