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Legislative amendments

The legislative amendments refer to the application of the 9% VAT rate on the accommodation in the hotel sector or in sectors with similar functions, as well as to new criteria that should be fulfilled by a company to justify its intent and ability to carry out economic activities involving operations within the VAT scope.

Amendments regarding hotel services

 

The Government Decision no. 20/14.01.2015 amending the Methodological norms of Law no. 571/2003 on the application of the reduced VAT rate of 9% for all types of tourist accommodation structures, was published in the Official Gazette no. 46/20.01.2015.

The reduced VAT rate of 9% applies to the following services mentioned in the Government Ordinance no. 58/1998 on the organization and performance of tourism in Romania:

  • Accommodation without breakfast;
  • Bed and breakfast;
  • Half board;
  • Full board;
  • "All inclusive” accommodation.

The above provisions are applicable as of 20.01.2015.

 

Amendments regarding the registration of a company for VAT purposes

 

The Order no. 112/16.01.2015 regarding the approval of tax forms used by VAT taxable persons was published in the Official Gazette no. 40/16.01.2015.

The order contains the 088 declaration - "Affidavit regarding the intention and ability to undertake economic activities involving operations within the VAT scope".

This declaration must provide information such as:

  • The number of individual labour contracts concluded by the company;
  • Gross income of associates or administrators (individuals) in the last 12 months preceding the month in which the statement is submitted;
  • Indicators realized by the associates and administrators (legal entities) in the last fiscal year (e.g. the accounting result (profit / loss), the turnover achieved);
  • Studies of the administrators and their professions, in the last 12 months before the submission of declaration.

The above provisions are applicable as of 01.02.2015.

Authors

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FORVIS MAZARS ROMANIA SRL
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