Year 2020, Issue 7
APEX Team International
Helesteului Str. 15‐17, District 1
Bucharest ‐ 011986
Phone: +40 (0)31 809 2739
+40 (0)74 520 2739
Fax: +40 (0)31 805 7739
E‐mail: office@apex‐team.ro
Contents:
• Accounting report
system as of 30 June
2020
• Updating criteria for
VAT exemption on
exports and intra‐
Community
deliveries
• Procedures on
applying tax facilities
for cancellation of
ancillary obligations
• Restructuring of
budgetary
obligations
• Facilities for
acquisition of
electronic cash
registers
• VAT clarifications on
combating food
waste
• News regarding sole
shareholders and
headquarters of
companies
• News on real
beneficiaries
• Postponement of
DAC6 reporting
deadlines
• Form D100 news
• Measures to support
employees and
employers in context
of epidemic
• Electronic register
for day labourer
records
• Other tax news
• Closing exchange
rates for July 2020
• Monthly agenda
• Social indicators
Newsletter
ORDER 2206 dated 24 July 2020 to approve Accounting report system for
economic operators as at 30 June 2020 and to complement certain ac‐
counting provisions (Official Gazette 675/2020)
The Order approves Accounting report system for economic operators as at 30 June
2020.
Accounting report system as at 30 June 2020
This applies to entities which, during the previous financial year, registered turnover
above RON 220,000 and to entities applying OMFP 1802/2014 as well as to those ap‐
plying IFRS, regulated by OMFP 2844/2016.
The system also applies to economic operators having a financial reporting year
different from the calendar year.
Preparation of Accounting reports as of 30 June 2020 are required if an entity’s turno‐
ver exceeds the criterion mentioned above, based on indicators resulting from annual
financial statements of the previous financial year; that is, the trial balance closed at
the end of the previous financial year. The same provisions also apply in the case of
entities which have chosen a financial reporting year different from the calendar year.
Branches and permanent establishments
The provisions also apply to subsidiaries opened in Romania by companies residing in
states belonging to the European Economic Area regardless of the financial reporting
year selected, according to law. Subsidiaries opened in Romania by companies resid‐
ing in states belonging to the European Economic Area determine whether they have
an obligation to submit Accounting reports as at 30 June 2020, based on the same
turnover criterion according to annual Accounting reports as at 31 December 2019.
From an accounting point of view, permanent establishments in Romania, belonging
to legal entities that have their headquarters abroad, represent subunits without legal
personality of these foreign legal entities, yet they also have an obligation to prepare
mid‐year Accounting reports.
If a legal entity having its headquarters abroad carries out its activity in Romania
through several permanent establishments, then the Accounting reports are prepared
by the permanent establishment assigned to fulfil fiscal responsibilities, by reflecting
the activity of all permanent establishments. In this regard, the designated permanent
establishment proceeds to consolidate information that corresponds to activities car‐
ried out by each permanent establishment in Romania.
In the case of legal entities having subsidiaries without legal personality, the related
financial results are also consolidated by the legal entity preparing Accounting reports
as at 30 June 2020.
Entities regulated by NBR/FSA
Entities licensed, regulated and monitored by the National Bank of Romania (NBR),
namely, the Financial Services Administration (FSA), will submit Accounting reports
as at 30 June 2020 to the territorial unit of the Ministry of Public Finance (MPF) in
the format and within the timeline provided by regulations for those institutions.
Who does not submit Accounting reports as at 30 June 2020?
The following entities do not have the obligation to submit Accounting reports:
 Economic operators which, during the previous financial year, had turnover below
the threshold of RON 220,000;
 Entities which did not carry out activity from set‐up date through the 30th of June
© 2020 APEX Team International
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2020;
 Entities which, during the first half of 2020, were in temporary inactivity;
 Entities set up during 2020, as well as legal entities which are under the liquidation
process, according to law.
Accounting reports as at 30 June 2020 prepared by entities applying OMFP
1802/2014 contain:
For micro‐enterprises:
a) Statement of assets, liabilities and equity (code 10);
b) Abbreviated income statement (code 20);
c) Informative data (code 30) – extended format;
For small, medium and large entities:
a) Statement of assets, liabilities and equity (code 10);
b) Income statement (code 20) – classic format;
c) Informative data (code 30) – classic format.
Accounting reports as at 30 June 2020 prepared by entities whose securities
are admitted for trade on a regulated market and which apply IFRS contain:
a) Statement of assets, liabilities and equity (code 10);
b) Income statement (code 20);
c) Informative data (code 30).
Entities which opted for a different financial year
Entities which opted for a financial year other than the calendar year should complete
the forms with data related to the period from the 1st of January 2020 to the 30th of June
2020 (and 2019, where comparative information is presented).
The accounting How to determine reporting type?
reports as at 30 June In order to set the type of reports that should be completed and submitted, it is neces‐
are not prepared by sary to establish whether the entity may be classified as a micro‐enterprise or not. The
entities that
type of form to be completed is set according to this classification.
The indicators – total assets, net turnover and average headcount – which determine the
registered a
type of entity are set based on annual financial statements related to the previous finan‐
turnover below RON
cial year. This rule is also available for entities that have opted for a financial year other
220,000 in 2019 than the calendar year.
Submission of Accounting reports
Accounting reports may be submitted to the registration office of the local units of MPF
in paper and electronic format, or only digitally on www.e‐guvernare.ro having at‐
tached an extended electronic signature.
The electronic format of Accounting reports submitted online or to an MPF registration
office consists of a PDF file to which an XML file is attached.
The Accounting report (having the digital version attached) may also be submitted to the
registration office of MPF local units or by registered postal mail, with confirmation of
receipt.
The guide to prepare the Accounting report may be accessed on the ANAF website.
Who signs Accounting reports as at 30 June 2020?
The Accounting reports are signed by persons entitled to do so; their full name being dis‐
closed. The caption regarding the position of the person who prepared the Accounting
report is completed as follows:
 CFO, head of accounting department or other empowered person occupying this po‐
sition as per Law 82/1991. In this regard, the empowered person should be a person
hired according to law, having higher education in the field of economics and having
the competence to conduct/manage the entity’s bookkeeping;
 Individual or legal entity, duly licensed, member of the Romanian Body of Chartered
and Licensed Accountants (CECCAR).
The Accounting report as at 30 June 2020 is also signed by the Director or by the person
with whom management of the entity lies.
Deadline for submitting Accounting report as at 30 June 2020
The deadline to submit Accounting reports as at 30 June 2020 is the 30th of September
2020.
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Failure to submit Accounting reports as at 30 June 2020 under the conditions stated by
this Order is sanctioned with a fine.
Complements brought to OMFP 1802/2014
Additional provisions are made in the context of the pandemic and inactive or reduced
use of non‐current assets. Thus, during the period of asset inactivity, depreciation is
neither interrupted nor decreased according to its reduced use, unless the asset is fully
depreciated. However, in the case of employing the depreciation method calculated per
unit of product or service, the depreciation costs may be zero when there is no produc‐
tion, in which case the depreciation is based on asset use.
Complements brought to OMFP 2844/2016 (IFRS)
The chart of accounts is completed with the following accounts:
 4413 "Tax differences due to uncertainties related to tax treatment" – relate to
additional amounts of income tax resulting from application of the provisions of
IFRIC 23, " Uncertainty over Income Tax Treatments;"
 6565 "Losses from fair value measurement of right of use assets that corre‐
spond to definition of a real estate investment" – relate to expenses resulting
from the fair value measurement of right of use assets that correspond to the defini‐
tion of a real estate investment, according to IFRS 16, "Leases;"
 693 "Income tax expenses due to uncertainties relating to tax treatment;"
 7565 "Gains from valuation at fair value of right of use assets that correspond
to the definition of a real estate investment;"
ORDER 2148 dated 14 July 2020 on amending and supplementing Instruc‐
tions for applying the VAT exemption for operations provided in art. 294 The accounting
para. (1) let. a) ‐i), art. 294 para. (2) and art. 296 of Law no. 227/2015 of the
reports as at 30
Fiscal Code, approved by OMFP 103/2016 (Official Gazette 628/2020)
June should be
The Order updates instructions for applying VAT exemption for exports, intra‐
Community supply of goods and services related to these operations. These changes submitted by
were expected at the end of 2019, given the 1 January 2020 implementation of “quick 30 September
fixes” in the VAT area and new conditions for justifying VAT exemptions. 2020
The order aligns VAT legislation with European Directives as well as with case law of
the Court of Justice of the European Union in certain recent cases. The Order also comes
with clarifications and examples of multiple practical situations and is extremely useful
to taxpayers.
Export of goods and services
The order makes certain changes to the definition of exporter from a VAT perspective,
as well as clarifying how to justify the VAT exemption for export of goods, in the context
of amending customs legislation that no longer allows taxable persons not established in
the European Union to be exporters.
An exporter (from a VAT perspective) is the supplier who makes deliveries of goods that
are transported outside the EU, under or in the absence of a commercial transaction.
The order provides that, if the supplier is established or not in the EU and cannot be an
exporter from a customs point of view, it is necessary to have an export customs decla‐
ration, in which the supplier identification data, series and/or number assigned to in‐
voice issued by the supplier for delivery of goods transported outside the EU must be
specified in box 44, in order to justify the VAT exemption.
At the same time, the new provisions stipulate that, if an exit of goods from the EU ter‐
ritory cannot be justified by the documents mentioned above, the exporter can prove the
actual exit of the goods from the EU territory by other evidence, as stated by EU Court
of Justice in Case C‐275/18 'Milan Vinš.'
Clarifications are provided regarding the treatment of services performed in Romania
for movable goods purchased or imported for processing in Romania and which are sub‐
sequently transported outside the EU.
In addition, amendments are introduced governing the application of VAT exemptions to
the supply of goods and services for the benefit of ships sailing on the high seas, but also
to aircraft used by an airline which mainly carries out international transport of passen‐
gers and/or goods in exchange for a fee.
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It is clarified that, in order to be considered services directly related to an export of

goods, the services in question must contribute to the export and be provided directly to
either the exporter or consignee of the exported products.
According to the order, the VAT exemption is justified by the exporter with the following
documents:
a) the invoice, which must contain information provided according to the Fiscal Code;
b) one of the following documents:
ο certificate of completion of the export operation by the customs office of export or,
where applicable, the export notification certified by the customs office of export,
in the case of an electronic customs declaration of export;
or
ο 3rd copy of the sole administrative document used as a paper‐based export declara‐
tion, certified on the reverse side by the customs office of exit;
or
ο in the case of excise goods moved under excise duty suspension using Excise Move‐
ment & Control System (EMCS), the export report submitted to the consignor certi‐
fying that the excise goods have left the EU territory.
Intra‐Community supply of goods (ICS)
The VAT exemption for ICS (excluding new means of transport and excisable products) is
justified on the basis of the following documents:
a) an invoice in which the registration code for VAT purposes assigned to the buyer in
another Member State must be mentioned;
b) documents certifying that the goods have been transported from Romania to another
Member State, which may be different from the Member State which assigned the
Clarifications on registration code for VAT purposes communicated by the buyer.
If a fiscal inspection finds that the VAT code of the beneficiary is erroneously written on
the new conditions
the invoice, for granting the VAT exemption, the correction of the invoice by the supplier
to exempt the will be allowed during a tax audit and the validity of the VAT code of the beneficiary will
intra‐Community be verified by fiscal inspection bodies. This invoice will be attached to the initial invoice
supplies of goods by the supplier, without generating entries on the tax return for the fiscal period in
which the correction is made.
from VAT
The exemption of an ICS cannot be refused to the seller for the simple reason that the
tax administration of another Member State has carried out a retroactive cancellation of
the VAT registration code of the entity which purchased the goods, at a date prior to that
delivery, although the cancellation of the VAT code took place after delivery of the goods
(Case C‐273/11 ‐ Mecsek Gabona).
Justification of transport of goods in the case of an ICS
We remind that starting 1st of January 2020, provisions of (EU) Regulation no. 282/2011
amended by (EU) Regulation 1912/2018, provisions which were also called "quick fixes,"
are directly applicable in Romania.
Thus, art. 45a of Regulation 282/2011 lays down conditions for the so‐called presump‐
tion that goods delivered within the Community are transported to another Member
State. Fulfilment of these conditions involves the existence of an intra‐Community
transport and ensures exemption of an ICS from VAT.
The update of OMFP 103/2016 was especially necessary for situations where conditions
of the above presumption in Regulation 282/2011 cannot be met.
Before presenting the regulations introduced in this regard in OMFP 103/2016, let us
mention the conditions of the presumption which were presented in our APEX Team
Newsletter no. 12 2019.
Pursuant to Regulation 282/2011, goods delivered intra‐Community shall be presumed
to have been transported to another Member State in any of the following situations:
1. When the transportation is organized by the provider:
ο Has in its possession 2 conclusive elements among documents specific to the type of
transportation provided (signed CMR/international consignment note, bill of lad‐
ing, invoice provided by the carrier, air bill), issued by two entities which are inde‐
pendent of each other, as well as independent from the provider or buyer;
OR
ο An above‐mentioned element, along with conclusive proof from other documents
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issued by the two entities which are independent of each other, as well as inde‐
pendent from the provider or buyer:
• an insurance policy related to expedition or transportation of goods or bank doc‐
uments attesting to payment for expedition or transportation of goods;
• a receipt issued by a warehouse from the destination Member State attesting to
the storage of goods in the respective Member State;
• official documents issued by a public authority, such as a notary office, attesting
to the arrival of goods in the destination Member State.
2. When transportation is organized by the client (e.g. deliveries in EXW condi‐
tion)
ο Those mentioned above, point 1
AND
ο written statement from the buyer, attesting that the respective goods were sent
or transported by the buyer or by a third party on behalf of the buyer with the fol‐
lowing information:
• destination Member State for goods;
• issuance date;
• name and address of the buyer;
• quantity and nature of goods;
• date and place of arrival for goods and, in case of delivery of transportation ser‐
vices, the identification number of transportation vehicle;
• identification of the person who will accept the goods on behalf of the buyer.
The statement should be provided by the 10th of subsequent month.
Clarifications provided by OMFP 2148/2020 state that, if the buyer does not provide the
seller with the written declaration mentioned in the Regulation by the 10th day of the Pay attention to
month following delivery, the supplier benefits from the presumption established when the documents
the entity receives this declaration later, within 150 days.
necessary to
We note above that the Regulation imposes the condition of independence of the parties
involved in the transaction and that those parties issue supporting documents for trans‐ justify the intra‐
portation. community
In practice there are many situations in which: transport of
 the transport of goods is carried out by the supplier or buyer with their own means
goods!
of transport;
 the goods subject to delivery are by a means of transport that are transported alone
on their own wheel‐based conveyance, by sea, river or air;
 the parties involved in the transport of goods are not independent from each other,
as well as independent from the provider or buyer, or their independence cannot be
proved.
Local provisions were needed to establish conditions for obtaining the VAT exemption
when requirements of the Regulation were not satisfied.
Own means of transport is understood to be the means of transport owned by the sup‐
plier or the buyer of the goods or which are made available to them through lease, rent‐
al, loan or other such contracts.
For the purposes of the above, the goods have been considered to be transported from
Romania to another Member State, if the supplier has documents justifying the
transport, such as:
a) in case of delivery of excisable products circulating under excise duty suspension:
the administrative document in electronic format and the receipt report;
b) in the case of delivery by means of transport moving alone on wheels, by sea, river
or air: the sale‐purchase contract stating that the goods will be transported to an‐
other Member State and proof of registration of the means of transport in the desti‐
nation Member State;
c) in case of delivery of other goods than those provided in let. a) and b):
1. 1. transport documents, such as a signed CMR document or a signed consignment
note, a bill of lading, the specific air waybill document; and
2. 2. one of the following documents:
• an insurance policy corresponding to the dispatch or transport of goods;
• bank documents attesting to payment for shipment or transport of goods;
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• official documents issued by a public authority, such as a notary, attesting to ar‐

rival of goods in the destination Member State;
• a document certifying receipt of the goods, issued by a depositary institution in
the destination Member State other than the purchaser of the goods;
• a written declaration from the buyer stating that the goods have been dispatched
or transported to the destination Member State and including: issue date, name
and address of buyer and quantity and nature of goods, date and place of arrival
of goods, identification of person who accepts the goods on behalf of the buyer.
Tax authorities may reject the justification of transport carried out in accordance with
the above, if they have sufficient elements to prove that the goods have not been trans‐
ported from Romania to another Member State.
The VAT exemption does not apply if the supplier has not complied with the obligation to
submit a recapitulative statement (D390) or the recapitulative statement does not con‐
tain the correct information regarding this supply, unless the supplier can duly justify
the deficiency in a manner considered satisfactory by the competent tax authorities. The
supplier is considered to have duly justified the deficiency if it is remedied later, but not
later than completion of the tax inspection. The deficiency may be considered remedied
in situations such as:
a) the supplier did not include the intra‐Community supply in the recapitulative state‐
ment relating to the period in which the tax became chargeable, but it is included in
the recapitulative statement relating to a subsequent period or in an amending dec‐
laration for that period;
b) the supplier included the intra‐Community delivery in the recapitulative statement
D390 (VIES) related to the period in which the tax became chargeable, but made an unintentional
mistake with one or more pieces of information regarding the respective delivery,
declaration is an
such as its value, type of operation, customer name, and the correction was included
important element on a corrective statement for that period.
in ensuring the Documents justifying VAT exemption
VAT exemption of The deadline for submitting supporting documents for the application of VAT exemp‐
an intra‐ tions was extended from 90 days to 150 days. This term also applies to the buyer's self‐
declaration in cases where the transport of goods is the responsibility of the customer.
Community supply
ORDER 2100 dated 8 July 2020 for approval of Procedure for cancellation of
ancillary payment obligations (Official Gazette 635/2020)
The Order approves the procedure for cancellation of ancillary payment obligations pur‐
suant to Chapter II of GEO 69/2020 on amendment and completion of the Fiscal Code.
We presented the provisions of GEO 69/2020 in APEX Team Newsletter no. 5 2020.
The order also approves the necessary forms for application of the procedure for cancel‐
ling accessory payment obligations, and also clarifies the application of GEO 69/2020.
What is the object of tax facilities?
Tax facilities are of two types:
1. 1. postponement of payment of ancillary payment obligations remaining unpaid on
the date of issuance of the tax attestation certificate, until the moment the request
for cancellation of accessories is decided on or by 15 December 2020, inclusive, if
ANAF is notified of the company’s intention to benefit from cancellation of accesso‐
ries even though the company does not submit a cancellation request;
2. 2. cancellation of the accessories related to main obligations provided by GEO
69/2020.
Accessories related to the main debts with maturities after 31 March 2020, inclusive, are
not subject to cancellation, even if the tax return was submitted before this date.
What are ancillary payment obligations that may be subject to facilities?
Ancillary payment obligations that may be subject to tax facilities are interest/late pay‐
ments, late payment penalties/non‐reporting penalties/penalties, and any other ancil‐
lary obligations related to:
 outstanding main budgetary obligations on 31 March 2020, inclusive;
 differences in principal budget obligations additionally declared by the debtor by
means of an amending declaration which corrects principal budget obligations with
maturities prior to and including 31 March 2020. The provisions are also applicable
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to payment obligations representing VAT with maturities prior to 31 March 2020,

inclusive, and result from adjustment rows on the VAT return of the tax collected, as
well as the deductible tax, which corrects VAT due before 31 March 2020, inclusive;
 the main budgetary obligations with maturities prior to 31 March 2020 and settled
by that date (provided that the ancillary obligations have not been settled);
 the main budgetary obligations with maturities prior to 31 March 2020 itemised in
taxation decisions, as a result of a fiscal inspection or verification of the personal
fiscal situation in progress on 14 May 2020.
What is the procedure for postponement of payment of ancillary payment
obligations?
 A notification is submitted to ANAF stating the intention to benefit from the cancel‐
lation of ancillary payment obligations. It may be submitted to the tax registry, by
mail or through the virtual private space (SPV).
 ANAF analyzes fulfilment of declaratory obligations by the submission date of the
notification, performs the settlements, compensation and any other operations nec‐
essary in order to establish budgetary obligations with certainty.
 ANAF issues and communicates the decision regarding accessory payment obliga‐
tions and a fiscal attestation certificate within 5 working days from the date the no‐
tification is registered. In case of discrepancies, they must be adjusted within 3
working days. A Memorandum of Understanding shall be drawn up or, if clarifica‐
tion of the discrepancies is not requested, ANAF shall issue:
ο decision to postpone payment of ancillary payment obligations, as well as the ad‐
dress of temporary cessation, total or partial, of the forced execution, addressed to
credit institutions where the taxpayer has opened bank accounts and/or to third
parties holding/owing sums of money; The procedure for
or
cancellation of
ο notification of decision to reject, if applicable.
 The postponement decision is amended when errors are found in its content, or ad‐ ancillary
ditional ancillary payment obligations are calculated and established during the obligations has
postponement payment period. been published!
 The effects of the postponement payment decision for ancillary payment obligations
are:
ο the enforcement procedure does not start or is suspended, as the case may be;
ο cancellation is not carried out until the settlement date of request for cancellation
of accessories, or until 15 December 2020, inclusive, as the case may be.
ANAF will issue the decision of expiration of validity of the postponement of payment of
ancillary payment obligations, if the request for cancellation of accessories is not sub‐
mitted by 15 December 2020, inclusive.
The notification regarding the intention to benefit from cancellation of ancillary pay‐
ment obligations is not mandatory: it aims to obtain postponement of payment of acces‐
sory fiscal obligations, implicitly the deferral/suspension of their forced execution.
What is the procedure for cancelation of ancillary payment obligations?
 The application for cancellation must be submitted by 15 December 2020, inclusive.
In case of itemised tax obligations in tax decisions issued following a tax inspection/
verification of a personal tax situation, ongoing on 14 May 2020, the application for
cancellation of accessories must be filed after settlement of main itemised tax obli‐
gations in the tax decision issued, but no later than 90 days from its communication;
 The debtor may either submit a sole application for all situations provided in GEO
69/2020, or one application for each;
 Within a maximum of 5 working days from the registration date of the request to
cancel the accessories, ANAF:
ο analyzes fulfillment of the conditions;
ο issues and communicates, where appropriate, the decision on ancillary payment
obligations, in order to update ancillary payment obligations that may be subject to
cancellation;
ο restores the fiscal record in the situation in which accessory payment obligations
that may be subject to cancellation have been settled;
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ο issues decision to cancel ancillary payment obligations or decision to reject the ap‐
plication for cancellation of ancillary payment obligations.
Before issuing a rejection decision, the competent tax authority shall hear the debtor and
indicate conditions that have not been met. If the conditions are subsequently met, a
new application may be re‐submitted.
Special procedures
The order also provides for two special procedures, namely:
 Cancellation of obligations in the case of taxpayers who have a rescheduled ongoing
payment. They submit the request for cancellation of accessories, without the need
for notification and without issuing a certificate of tax attestation and decision to
postpone payment for accessories.
 Cancellation of obligations in the case of taxpayers for whom joint and several liabil‐
ity has been incurred according to the Fiscal Procedure Code and Insolvency Laws,
including criminal law.
Other specific situations
For natural persons who carry out economic activities independently or exercise free
professions according to the law, ANAF verifies fulfilment of conditions for all existing
budgetary obligations under both the unique registration code/fiscal registration code
and the personal numerical code/fiscal identification number, according to the law.
For fiscally registered secondary offices, fiscal facilities are granted for both budgetary
obligations due to the main headquarters and for those of secondary offices and are ana‐
lysed in relation to total obligations.
In the case of natural persons exercising free professions in the form of associations, the
fiscal facilities are granted by the fiscal body in whose territorial area the debtor has its
The restructuring fiscal domicile for the ancillary payment obligations registered by the association, and
of the outstanding the analysis of fulfillment of fiscal facilities is performed without taking into account the
tax obligations has manner of fulfilling fiscal obligations due by their members.
been extended LAW 114 dated 8 July 2020 on approval of GEO 90/2020 for amendment of
until 31 July 2020 GO 6/2019 on establishment of fiscal facilities, as well as for amendment of
other normative acts (Official Gazette 600/2020)
The law approves amendments to GEO 90/2020, which extended measures for restruc‐
turing budgetary obligations, postponing the term until which the fiscal obligations may
be restructured until 31 July 2020.
We present the main changes as follows:
 The term until which the debtors, legal entities of public or private law, with the ex‐
ception of public institutions, may restructure their main budgetary obligations and
ancillary budgetary obligations outstanding and unpaid through the issuance date of
the fiscal attestation certificate, has been extended. Thus, the new deadline is 31 July
2020 (previously 31 March 2020).
 Budgetary obligations declared by the debtor or established by the tax authority by
decision after 1 August 2020 for the fiscal period through 31 July 2020 (those due to
the general consolidated budget and/or the budgets of central or local public authori‐
ties), as well as main fiscal obligations due in the period between 21 March 2020
(date of entry into force of GEO 29/2020) and 31 July 2020, inclusive, are considered
main outstanding budget obligations on 31 July 2020.
 Budgetary obligation restructuring also applies to main and ancillary budgetary obli‐
gations established by bodies other than fiscal bodies, as well as to fines of any kind,
sent to central fiscal bodies for recovery after 1 August 2020 and until issuance of
the fiscal attestation certificate.
 The restructuring application may be submitted by 31 December 2020, under the
sanction of revocation (previously 15 December 2020).
 In the case of requests regarding restructuring budgetary obligations under settle‐
ment according to GO 6/2019, debtors may submit a request to the fiscal body to in‐
clude outstanding budgetary obligations as at 31 July 2020 in the related restructur‐
ing plan within 10 days from the date the law enters into force.

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LAW 153 dated 24 July 2020 for amendment and completion of Law no.
227/2015 regarding the Fiscal Code, as well as for completion of Law
170/2016 on the tax specific to certain activities (Official Gazette 659/2020)
The law introduces the possibility of recovering the cost of new electronic fiscal cash
registers (AMEF) from taxes owed by the taxpayer (profit tax, micro‐enterprise tax on
revenue, specific tax on certain activities or income tax from independent activities),
the rules being defined according to each type of tax.
PROFIT TAX
Expenses representing the acquisition cost of AMEF, at the date placed into service, are
non‐deductible. Taxpayers who purchase AMEF deduct their acquisition cost from profit
tax due for the quarter in which they were put into operation, if they calculate quarterly
profit tax, or from annual profit tax, in the case of taxpayers which apply the annual
profit tax system. Amounts not deducted from profit tax during quarter when AMEF put
into service are carried forward for the next 7 consecutive years. Recovery of these
amounts will be carried out in the order of their registration, under the same condi‐
tions, at each profit tax payment term.
Basically, the tax credit method is applied, similar to sponsorship expenses.
AMEF purchased and put into operation between 2018 and 23 July 2020
The acquisition cost of AMEF purchased and put into operation between 2018 and 23
July 2020 may also be deducted from profit tax due for 2020, provided that at the date
of acquisition of those AMEF the taxpayers were payers of profit tax, regardless of the
declaration and payment system. The acquisition cost of these AMEF represent amounts
assimilated to non‐deductible expenses when calculating profit tax, but which are de‐
ducted as a fiscal credit from the 2020 profit tax.
The amounts that are not deducted from profit tax as described above are carried for‐ Cost of electronic
ward for the next 7 consecutive years. Recovery of these amounts will be carried out fiscal cash
under the same conditions, at each profit tax payment term. registers can be
MICRO‐ENTERPRISE TAX ON REVENUE
deducted from the
Micro‐enterprises which purchase AMEF shall deduct their related acquisition cost from
the tax on micro‐enterprise revenue in the quarter in which they were put into opera‐ taxes due
tion, within the limit of micro‐enterprise tax due for that quarter.
Amounts that are not deducted from the tax due on micro‐enterprise revenue are car‐
ried forward to subsequent quarters, for a period of 28 consecutive quarters. The deduc‐
tion of these amounts from subsequent micro‐enterprise taxes due shall be applied in
the order of their registration, under the same conditions, at each term of payment.
AMEF purchased and put into operation between 2018 and 23 July 2020
The acquisition cost of AMEF purchased and put into operation between 2018 and 23
July 2020 is deducted from the micro‐enterprise tax due for the 4th quarter of 2020,
provided that, at the date of acquisition of those AMEFs, taxpayers were subject to tax
on micro‐enterprise revenue.
The acquisition cost of AMEF purchased and put into operation during the 2018 – 23 July
2020 period will be added to the taxable base for the 4th quarter of 2020, but will be
deducted from the micro‐enterprise tax determined for that quarter. Amounts not de‐
ducted from micro‐enterprise tax are carried over to the next 28 consecutive quarters.
Recovery of these amounts will be applied at each subsequent payment term for micro‐
enterprise taxes until fully recovered.
SPECIFIC TAX ON CERTAIN ACTIVITIES
Taxpayers obliged to pay the specific tax on certain activities that purchase AMEF de‐
duct acquisition cost from the specific tax due for the year in which they were put into
operation. Amounts that are not deducted from the specific tax are carried forward to
the subsequent years, for a period of 7 consecutive years. The deduction only applies to
purchases starting 24 July 2020 (the date the law entered into force).
AMEF acquisitions put into operation during the 2018 – 23 July 2020 period may only be
deducted from profit tax for activities other than those subject to specific tax, based on
the rule about profit tax mentioned above, with the possibility of deferral for a period of
7 years.
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INCOME TAX ON INDEPENDENT ACTIVITIES

Natural persons who obtain income from independent activities and also purchased and
put into operation AMEF in 2018 and 2019, will add their value to the net annual taxable
income for 2020.
The acquisition cost of AMEF purchased and put into operation in 2018 and 2019 is de‐
ducted from the calculated income tax. Amounts that are not deducted from income tax
for the acquisition year are carried forward for the next 7 consecutive years. Recovery of
these amounts will be applied at each subsequent payment term for income tax.
LAW 131 dated 15 July 2020 for completion of par. (8) art. 270 of Law no.
227/2015 regarding Fiscal Code and for amendment to Law no. 217/2016 on
reducing food waste (Official Gazette 623/2020)
The law addresses economic operators registered for VAT purposes who participate in
programmes to combat food waste.
Thus, the Law introduces an amendment to the Fiscal Code, a new exception to the list of
operations that are not assimilated to a supply of goods: “Transfer of food intended for
human consumption, close to expiration date of minimum durability, in case it is carried
out according to legal provisions regarding reduction of food waste.”
This exception retains the right to deduct VAT upon purchase of these goods and at the
same time exempts the operation from collection of VAT.
Also, the expense with these goods is deductible when calculating profit tax, according
to art. 25 para. (4) let. c) points 4 ‐ 6 of the Fiscal Code.
From a documentation point of view, the transfer of food to receiving operators is made
on the basis of a contract concluded between parties. The transferred foods is considered
to be the object of the “manual gift” principle within the meaning of art. 1011 line (4) of
Restrictions the Civil Code, regardless of value. It exempts the obligation to sign the contract in origi‐
nal form before a public notary.
imposed on the
sole shareholder LAW 102 dated 2 July 2020 for amendment and completion of Companies
Law 31/1990 (Official Gazette 583/2020)
have been
The law brings important amendments to Law 31/1990 on companies.
removed!
Thus, the restrictions imposed on the sole shareholder who could only be in that capacity
in one company were removed. Consequently, a natural or legal person may be a sole
shareholder in several limited liability companies, and a limited liability company may
have as a sole shareholder another limited liability company.
Also, the ban on establishing registered offices of several companies at the same address
has been removed, as it is no longer necessary to obtain a certificate issued by the tax
authority or to submit a declaration of non‐overlap space. At the same time, approval
regarding a change in destination of a collection of buildings with a residential regime
will no longer be necessary if the administrator declares under his own responsibility
the fact that no activity is carried out at the registered office.
LAW 108 dated 3 July 2020 on amending and supplementing Law 129/2019
for preventing and combating money laundering and terrorist financing, as
well as for amending and supplementing some normative acts (Official Ga‐
zette 588/2020)
The law introduces exceptions to the obligation to submit declaration on real beneficiar‐
ies in the following cases:
 autonomous public companies, national companies and companies wholly or majori‐
ty owned by the State;
 companies having natural person shareholders only, when they are the only real
beneficiaries. In their case, the National Office of the Trade Register is obliged to
complete ex officio the Register of real beneficiaries of companies based on docu‐
ments accompanying the registration application or based on records held in the
case of currently registered companies.
If there is a change in identification data of real beneficiaries, it shall be submitted with‐
in 15 days from the date on which the change occurred.
For other companies registered with the Trade Register, the declaration term for the real
beneficiary is until 1 November 2020.
Page 10 © 2020 APEX Team International
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EMERGENCY ORDINANCE 111 dated 1 July 2020 on amending and supple‐

menting Law 129/2019 for preventing and combating money laundering and
terrorist financing, as well as for amending and supplementing some nor‐
mative acts, for completing art. 218 of GEO 99/2006 on credit institutions
and capital adequacy, for amending and supplementing Law 207/2015 on
the Fiscal Procedure Code, as well as for completing art. 12 para. (5) of Law
237/2015 on authorization and supervision of insurance and reinsurance
activity (Official Gazette 620/2020)
The ordinance amends and completes various regulations in several normative acts, in‐
cluding Law 129/2019 on the real beneficiaries of companies. Below are some important
points:
 The criteria for identifying real beneficiaries also apply to foreign corporate entities.
The ordinance does not define the new term introduced;
 In the first criterion for identifying the beneficial owner, holding 25% plus one
share or more than 25% participation in company capital by a natural person is an
indication of the direct exercise of ownership. It also defines the notion of indirect
exercise of ownership;
 Within the second criterion for identifying the real beneficiary, a natural person
holding a senior management position is taken into account, the functions included
in this category being listed;
 Any natural person or legal entity may request information from the register of real
beneficiaries managed at Trade Register offices, without the need to prove an own‐
ership interest;
 The obligation to conclude a declaration of the real beneficiary in original format
has been removed; Changes in the
 It is not necessary to submit the real beneficiary declaration under own responsibil‐
regulations
ity upon registration of a company, if this information has been included in the arti‐
cles of incorporation of the company. regarding the real

EMERGENCY ORDINANCE 107 dated 1 July 2020 regarding amendment of beneficiaries of

art. II of GO 5/2020 for amendment and completion of Law 207/2015 of Fis‐ companies
cal Procedure Code and for extension of certain deadlines (Official Gazette
579/2020)
The ordinance incorporates provisions of (EU) Council Directive 2020/876 of 24 June
2020 amending Directive 2011/16/EU to postpone certain deadlines for reporting cross‐
border arrangements (DAC6) as a result of the COVID‐19 pandemic.
The new deadlines by which relevant intermediaries or taxpayers, as appropriate, are
required to report information on cross‐border arrangements that are subject to report‐
ing under the DAC6 Directive to tax authorities are:
 By 28 February 2021: for reportable arrangements for which the first step in the
implementation process was carried out between 25 June 2018 and 30 June 2020.
The initial deadline was 31 August 2020.
 By 31 January 2021: for reportable arrangements initiated between 1 July 2020 and
31 December 2020.
 By 30 April 2021: the date by which intermediaries must draw up the first report in
the case of marketable arrangements.
 By 30 April 2021: the date on which ANAF communicates through the automatic ex‐
change of the first set of information.
EMERGENCY ORDINANCE 120 dated 22 July 2020 on establishment of sup‐
port measures for employees and employers in the context of epidemiologi‐
cal situation caused by the spread of the SARS‐CoV‐2 coronavirus (Official
Gazette 658/2020)
The ordinance sets out some support measures for employees and employers in the con‐
text of the epidemiological situation caused by SARS‐CoV‐2.
Thus, by derogation from provisions of art. 24 of Law 55/2020, employees of companies
whose activity was suspended as a result of the epidemiological investigation carried
Page 11 © 2020 APEX Team International
 Newsletter

out by public health directorates will benefit from the grant of an indemnity provided
according to art. XI of GEO 30/2020. That allowance shall be calculated for the number
of days during which the activity was suspended. The measure will apply for the entire
period in which activity is suspended, but not later than 31 December 2020. On the other
hand, this measure is not applicable to employees receiving a sick leave allowance.
ORDER 3011 dated 21 July 2020 regarding amendment of annex no. 4,
"Instructions for completing form 100, "Declaration regarding payment ob‐
ligations to state budget," code 14.13.01.99/bs," to the Order of the Presi‐
dent of ANAF 587/2016 for approving model and content of forms used for
declaring taxes under self‐declaration or withholding tax regime (MO
651/2020)
Order updates instructions for completing form 100, "Declaration on payment obliga‐
tions to state budget,", in order to regulate the way to complete bonus granted for timely
payment of profit tax and micro‐enterprise tax on revenue.
In this respect, although form 100 had been updated since 24 April 2020, in the sense of
introducing a separate box for reporting the bonus, the instructions for completion were
only updated in July 2020.
ORDER 1140 dated 13 July 2020 for approval of Methodology for drawing up
and transmitting Electronic Register of day laborer records, as well as for
updating registers (Official Gazette 651/2020)
The order regulates the Electronic Register for keeping records of day laborers.
People who hire day laborers will get a username and password issued by the Territorial
Labour Inspectorate (“ITM”) based on an application. The completed application may be
submitted to the ITM headquarters or it can be sent electronically, by e‐mail.
DAC 6 reports The register is prepared in electronic format by one or more authorized person, through
have been the application, "Labour Inspection,"
The register is prepared in chronological order, with all day laborers who perform occa‐
extended to 2021
sional activities, with the following data:
 Beneficiary data;
 Data on place of activity;
 Identification data and occupation;
 Date and time of starting day laborer activity;
 Number of hours worked per day by the day laborer;
 Gross daily remuneration, meaning net remuneration, with confirmation of payment
to day laborer;
 Proof of work security training.
The day laborers' register is updated in daily, before activity starts. As an exception, the
register is completed monthly, also before the start of activity, for several categories of
day laborers such as:
a) For day laborers who perform activities in the fields of agriculture, forestry, viticul‐
ture, fruit, vegetables, floriculture, fishing, animal husbandry in extensive system of
seasonal grazing for cattle, horses and seasonal activities in botanical gardens;
b) For day laborers who carry out activities in the field of animal husbandry in an ex‐
tensive system of traditional seasonal grazing of sheep, goats or cattle, in a semi‐free
regime.
Any errors in the Register shall be corrected on the date they are identified.
ORDER 2116 dated 13 July 2020 for amendment and completion of some or‐
ders of the Minister of Public Finance in the field of accounting of public in‐
stitutions (Official Gazette 635/2020)
ORDER 2032 dated 15 June 2020 for amendment of art. 10 of Procedure for
technical approval of models of fiscal electronic cash registers defined in
art. 3 para. (2) of GEO 28/1999 on obligation of economic operators to use
fiscal electronic cash registers, approved by Order of Minister of Public Fi‐
nance and Minister of Communications and Information Society no.
Page 12
3247/1179/2017 (Official Gazette 580/2020)
© 2020 APEX Team International
 Newsletter

ORDER 1109 dated 30 June 2020 for amendment of Order of Minister of La‐
bor and Social Protection and of Minister of Culture no. 743/2802/2020 re‐
garding approval of model of documents provided in art. XV line (4) of GEO
30/2020 for amending and supplementing some normative acts, as well as
for establishing measures in the field of social protection in the context of
the epidemiological situation determined by the spread of the SARS‐CoV‐2
coronavirus, with amendments and completions brought by GEO 32/2020
for the amendment and completion of the GEO 30/2020 for amending and
supplementing some normative acts, as well as for establishing measures in
the field of social protection in the context of the epidemiological situation
determined by the spread of the SARS‐CoV‐2 coronavirus and for establish‐
ing additional social protection measures (Official Gazette 581/2020)
ORDER 1108 dated 30 June 2020 for amendment of Order of the Minister of
Labor and Social Protection no. 848/2020 regarding approval of model of
documents provided in art. XV line (1) of GEO 30/2020 for amending and
supplementing some normative acts, as well as for establishing measures in
the field of social protection in the context of the epidemiological situation
determined by the spread of the SARS‐CoV‐2 coronavirus, in the case of per‐
sons who have concluded individual labor agreements based on Law no.
1/2005 on the organization and functioning of the cooperation (Official Ga‐
zette 576/2020)
ORDER 1106 dated 30 June 2020 for amendment of Order of Minister of La‐
bor and Social Protection no. 740/2020 regarding approval of model of doc‐
Updates of various
uments provided in art. XV line (1) of GEO 30/2020 for amending and sup‐
forms in the field
plementing some normative acts, as well as for establishing measures in the
field of social protection in the context of the epidemiological situation de‐ of social
termined by the spread of the SARS‐CoV‐2 coronavirus, with amendments protection
and completions brought by GEO 32/2020 for the amendment and comple‐
tion of GEO 30/2020 for amending and supplementing some normative acts,
as well as for establishing measures in the field of social protection in the
context of the epidemiological situation determined by the spread of the
SARS‐CoV‐2 coronavirus and for establishing additional social protection
measures (Official Gazette 576/2020)
ORDER 1107 dated 30 June 2020 on amending the Order of the Minister of
Labor and Social Protection no. 741/2020 for approval of model of docu‐
ments provided in art. XII line (1) of GEO 30/2020 for amending and supple‐
menting some normative acts, as well as for establishing measures in the
field of social protection in the context of the epidemiological situation de‐
termined by the spread of the SARS‐CoV‐2 coronavirus, with amendments
and completions brought by GEO 32/2020 for the amendment and comple‐
tion of the GEO 30/2020 for amending and supplementing some normative
acts, as well as for establishing measures in the field of social protection in
the context of the epidemiological situation determined by the spread of the
SARS‐CoV‐2 coronavirus and for establishing additional social protection
measures (Official Gazette 576/2020)
INFO – Valuation of monetary items in foreign currency
The July closing NBR exchange rates to use for valuation of monetary items (cash on
hand, receivables, payables) denominated in foreign currency, as well as receivables and
payables denominated in RON but pegged to a foreign currency for collec‐
tion/disbursement are:
1 EUR = 4.8316 RON; 1 CHF = 4.4876 RON; 1 GBP = 5.3503 RON; 1 USD = 4.0780 RON.

Page 13 © 2020 APEX Team International

 Newsletter

MONTHLY AGENDA
Every day ‐ do not forget
 To complete the petty cash register (or print electronic version)
 To complete the purchase ledger and sales ledger
 To update electronic employee registers with information regarding labour contract inception/amendment or
termination, if any
At month end ‐ do not forget
 To complete the journal ledger
 To register contracts concluded during the month for services rendered by non‐residents with tax authorities
as per article 8 point 8 of the Fiscal Code
 To revalue monetary assets and liabilities in foreign currency (cash on hand, assets, liabilities) at the NBR
exchange rate in force on the last banking day of the month
 To organise a stock count of inventories if the enterprise does not use a perpetual inventory system
 To issue final invoices for the current month.
To comply with requirements regarding VAT
 Mention the registration code under the scope of VAT on documents for EU business partners
 Check validity of registration code under the scope of VAT mentioned on invoices received
 Check amount of VAT disclosed on invoices received
 Check references related to VAT (e.g.: “reverse charge,” “operation not subject to VAT,” etc...)
 On invoices, write VAT amount received in case of reverse charge
 Maintain ledger of goods received
 Maintain ledger of non‐transfer of goods
 Maintain non‐current assets ledger
 Mention which exchange rate will prevail (NBR, commercial bank or Central European Bank) in contracts
with foreign partners
To consult the calendar of tax liabilities, visit the following link from ANAF (in Romanian):
https://static.anaf.ro/static/10/Anaf/AsistentaContribuabili_r/Calendar/Calendar_obligatii_fiscale_2020.htm

KEY HR FIGURES
Employer and beneficiary Employee and
2020 Contributions
(for activities considered dependent) dependent worker
for dependent activities
(% share) (% share)
Nothing due for normal working conditions
Social security contribution (pension) 4% for special work conditions 25% (**)
8% for special work conditions
Contribution to health insurance fund
Not due 10% (***)
(calculated on gross income)
Work insurance contribution 2.25% (*)
Income tax 10% (****)
Disability Fund (for employers with
4 x minimum wage for every 100 employees
more than 50 employees)
The amount of a taxable meal tax in
maximum 20 lei
the sense of income tax
2,230 lei
Minimum wage (gross) 2,350 lei (for more than 1 year and functions
from 1 January 2020 requiring higher education)
3,000 lei for employees in the construction field
Diurnal (in the country)
For employees of public institutions 20 lei
For private sector employees (* 2.5) 50 lei
The below tax facilities are available for employers on the field of construction, when minimum 80% of turno‐
ver if from construction activities defined by law:
(*)not due by employer
(**) the social security owed by the employee is decreased to 21,25%
(***) health insurance is not due by the employee
(****) tax on income is not due for monthly realised gross salaries up to 30.000 lei.
Page 14 © 2020 APEX Team International
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Phone: + 40 (0) 31 809 2739
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as a group specialised in payroll administration on behalf of the client.
APEX Team provides a full range of accounting services, payroll services,
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Our Mission:  Recurring accounting assistance
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Disclaimer: The above information is a short summary of recently published information and is not
intended to be advice on any particular matter. APEX Team International disclaims liability to any
person in respect of anything done in reliance of the contents of these publications © 2020 APEX Team International