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Information provided by COLUN TAX.

NATIONAL INSTITUTIONS' COMMUNICATIONS

July 2, 2024 – MF and ANAF launch the GPS monitoring application e-Transport

Through the e-Transport application, domestic road transport of high-fiscal-risk goods and international road transport of goods are monitored. The application has already been uploaded to Apple Store and Google Play platforms and is in the approval process, with the goal of becoming operational and available for download by users by July 15, 2024, at the latest.

Consult the announcement at: www.anaf.ro

July 5, 2024 – MF clarifications regarding the implementation of e-Invoice in B2C regime, in compliance with personal data protection regulations

Through OUG 69/2024, the Romanian Government regulated the extension of the use of the national e-Invoice system RO e-Invoice in the B2C relationship, instituting the obligation for taxable persons issuing invoices in this relationship to report them in the system. This is an important element for the data ecosystem used by digital tools implemented to reduce the VAT gap and combat tax evasion. A method is being developed to prevent correlation with the physical person. The current legislation does not contravene EU Regulation 2016/679 (GDPR).

Read the announcement at: www.mfinante.ro

DECISIONS OF THE EUROPEAN COURT OF JUSTICE ON VAT

July 4, 2024 – Case C‑87/23 Biedrība "Latvijas Informācijas un komunikācijas tehnoloģijas asociācija" against Valsts ieņēmumu dienests

"Preliminary ruling – Taxation – Value Added Tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Article 9(1) – Concepts of ‘taxable person’ and ‘economic activity’ – Non-profit association carrying out projects financed by the European Regional Development Fund (ERDF) – Supply of training services through subcontractors – Inclusion in the taxable amount of the value of the subsidy – Article 73"

Consult the decision at: https://curia.europa.eu

July 4, 2024 – Case C‑179/23, Romanian Center for the Administration of Performing Artists' Rights (Credidam) against the Romanian Government, Ministry of Finance

"Preliminary ruling – Value Added Tax (VAT) – Directive 2006/112/EC – Taxable transactions – Supply of services for consideration – Management fee charged by a collective management organization for the collection, distribution, and payment of remunerations owed to rights holders – Remunerations that are not part of a taxable transaction"

Consult the decision at: https://curia.europa.eu

MEDIA NEWS

July 5, 2024 – Government prepares to supertax “exceptional” gains

The government is considering supertaxing "exceptional" gains with the upcoming fiscal reform expected to be adopted next year, as Prime Minister Ciolacu is categorically against a possible VAT increase, even by one percentage point.

"I am a socialist and I will never accept a VAT increase, because such an increase affects both low and high-income people. On the other hand, increasing VAT by one percentage point means a 0.5% increase in inflation," is the message conveyed informally by Prime Minister Ciolacu. Government and coalition representatives give an example of such an exceptional gain from the real estate transactions sector. Specifically, such an additional tax would apply if an individual or legal entity sells, for example, a plot of land at a price ten times higher than the purchase price within a certain timeframe.

Read the news at: https://www.profit.ro

Romania has concluded only four reciprocity agreements with third countries regarding VAT refunds, namely with Serbia, Norway, Turkey, and Switzerland. These are published at: https://mfinante.gov.ro

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