National Agency of Fiscal Administration (‘NAFA’) Order no. 3769/ 2015 published in the Official Gazette no. 11 of 7 January 2016
The Order introduces a series of changes regarding the information that should be included in the Form 394, the main changes are:
1. The reporting is performed separately for each VAT rate (20%, 9% or 5%).
2. As regards the operations carried out with taxable persons registered in Romania for VAT purposes:
- the information regarding the acquisition of goods and services will be reported separately considering the VAT system applied by the supplier (normal VAT system or VAT cash-in system).
- the supplies and acquisitions that are subject to the simplification measures according to article 331 of the new Fiscal Code are reported separately considering all the categories of goods / services subject to this regime.
3. New sections were introduced for the purpose of reporting the following information:
- transactions carried out with persons not registered for VAT purposes;
- transactions carried out with taxable persons established outside Romania, which are not registered and are not required to register for VAT purposes in Romania, established in other member states, respectively established outside the European Union;
- collections through electronic cash registers, as well as collections from activities which are exempted according to the provisions of the Emergency Government Ordinance no. 28/1999 regarding the obligation of the economic operators to use electronic cash registers;
- supplies of goods / services, respectively acquisitions of goods / services, for which simplified invoices were issued.
4. Information regarding the range of invoice numbers utilized in the reporting period, respectively the total number of invoices issued in the reporting period, split into credit notes, cancelled invoices and self-invoices should be reported.
5. The nature of the operations triggering the negative VAT amount requested for refund will be disclosed.
6. The form will be submitted to the relevant tax body, even if no operations subject to reporting were performed during the reporting period.
The provisions of the present Order are applicable starting with the operations performed in the first quarter of 2016 and they will enter into force on 1 April 2016.
The taxpayers will submit the 394 Form for January and February 2016 using the form currently applicable. The taxpayers will also submit the 394 Form based on the new form for January and February 2016 until 25 April 2016, which will replace the initially submitted forms. For March 2016 the 394 Form will be submitted based on the new form.
Considering the complexity of the new form, we recommend that internal procedures for reporting in the 394 Form be drafted, as soon as possible, as well as the customization of the IT systems used for this purpose.
