(Order of President of National Agency of Fiscal Administration no. 73 / 2011, published in the Official Gazette no. 89 /3 February 2011)

A new template of form 100 (“State Budget liabilities return”) was approved together with the related fill in instructions.

Through the new form 100 there will be declared, in principle, the same taxes as in the past (such as inter-alia profits tax, withholding tax, micro-enterprise tax, excise duty). However, we note that salary taxes are no longer to be declared through the new form 100 as these will be declared via form 112 (“Statement regarding the payment obligations of social charges, income tax and nominal evidence of the insured persons”).

The new form 100 will be used starting with the tax liabilities related to January 2011, which should be declared up to 25 February 2011.

Moreover, the provisions regarding the use of form 102 (“Declaration regarding the tax liabilities to the Social Security Budget and Special Funds”) were repealed.

New template of VAT return (form 300)

The Order approves the new template and content of the VAT return (form 300) used starting with the reporting liabilities for January 2011.

Introduction of two new rows:

differences of VAT payable established by the tax authorities via tax decisions communicated, differences which are not paid until the date of submission of the VAT return;

negative differences of VAT established by the tax authorities via tax decisions communicated until the date of submission of the VAT return.

By Venkatesh Srinivasan, Partner – Head of Tax and Legal, Ernst & Young Romania

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