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New provisions regarding the fiscal procedure

The Fiscal Procedural Code was amended by Government Ordinance no. 2/2012 for amending and supplementing Government Ordinance no. 92/2003 regarding the Fiscal Procedural Code, published in the Official Gazette no.  71 of 30 January 2012 [in Romanian, Ordonanta nr. 2 din 25 ianuarie 2012 pentru modificarea si completarea Ordonantei Guvernului nr. 92/2003 privind Codul de procedura fiscala].

The new enactment was also issued with a view to transpose the provisions of Directive 2011/16/EU regarding the administrative cooperation in the field of taxation. The main amendments are as follows:

  • The annual income statement must be submitted, with some exceptions, until 25 March 2012;
  • The transaction file must be submitted to the fiscal authority in case such transaction is concluded with an entity registered in a state with whom Romania does not have a legal instrument in respect of exchange of information;
  • In case the fiscal authority rejects the request for the issuance/modification of an individual fiscal solution/advance price agreement, the taxpayer has the right to be reimbursed with the paid fee;
  • Provisions regulating an amicable procedure for the avoidance of the double taxation and amending the procedure of seizure.

Most important, the enactment regulates the administrative cooperation in the field of taxation.