Tax procedure

Order of the National Agency for Fiscal Administration amending the model and content of various tax returns

(Order no. 878/9 July 2013 published in Official Gazette No. 432/16 July 2013)

The Order amends and completes Order no. 1950/2012 issued by the National Agency for Fiscal Administration on the model and content of tax returns. The amendments contain inter alia: the change of the annual profits tax return (i.e. 101 return), changes in the instructions for filling in the State budget tax liabilities return (i.e. 100 return) and 101 return.

Order of the National Agency for Fiscal Administration approving the Procedure for tax registration of non-residents with one or several permanent establishments in Romania

(Order no. 877 / 9 July 2013 published in Official Gazette No. 439/18 July 2013)

The Order approves the Procedure for tax registration of non-residents performing activities in Romania through one or several permanent establishments.

Please refer to our Tax Alert no 14/July 2013 for further details regarding the two Orders.

Witholding tax

Double Tax Treaties

(Law no. 245/2013, published in Official Gazette no. 448/22 July 2013)

The Law ratifies the Protocol between Romania and Austria, as well as the Additional Protocol, amending the Treaty concluded between Romania and Austria for the avoidance of double taxation and prevention of fiscal evasion with respect to taxes on income and capital. The amendments refer to the Exchange of information article of the Treaty signed between the two countries on 30 March 2005.

State aids

Amendments to the Annexure to Government Decision no. 274/2013 on granting de minimis state aids for investments of small and medium enterprises

(Government Decision no. 453/2013, published in Official Gazette no. 424/12 July 2013)

The approved amendments concern inter-alia the removal of the indicators assessing the economic efficiency of the enterprise in the next 3 years after the investment, changes of certain forms, etc.

Guidelines on regional state aid schemes for 2014 - 2020

(Communication of European Commission C(2013) 3769 issued on 28 June 2013, available here)

The Communication of the European Commission C(2013) 3769 (the "Communication") concerns the application of principles established in the guidelines on regional state aid schemes for 2014 - 2020 in all sectors of economic activity, with certain exceptions.

Please refer to our Tax Alert no 15/July 2013 for further details.

Miscellaneous

NBR reference interest rate starting with 2 July 2013

(Circular No. 17/2013, published in Official Gazette No.397/2 July 2013)

The NBR reference interest rate starting 2 July 2013 is 5% per annum.

By Venkatesh Srinivasan, Partner – Head of Tax and Legal

Ernst & Young SRL and E. Platis, C. Bazilescu LLLP

15-17 Ion Mihalache Blvd.

Bucharest Tower Center Building, 22nd Floor

Sector 1, 011171, Bucharest, Romania

Tel: (40-21) 402 4000, Fax: (40-21) 310 7124

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