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de Alexandra Pele , 19.10.2020

The Ministry of Public Finance (MFP) proposes to regulate a simplified alternative procedure for granting a payment rescheduling of up to 12 months, for the main and ancillary budgetary obligations whose maturity/payment is due after the date when the state of emergency was enforced until the issuance of the fiscal attestation certificate.

Beneficiaries of this incentive are all taxpayers, regardless of the ownership, including those who have an active payment incentive under the Tax Procedure Code and do not have outstanding tax obligations at the date when the state of emergency was enforced.

“This measure aims, on the one hand, from the perspective of taxpayers, to support the payment compliance for taxpayers facing the difficulty caused by the lack of financial liquidity, as a result of COVID-19 pandemic crisis, and on the other hand, from the state’s perspective, to ensures the collection of clear and periodic amounts to the general consolidated budget”, shows a press release issued by the Ministry of Public Finance.

In order to benefit from payment rescheduling, the taxpayer must meet the following requirements:

  • submit an application by 15 December 2020, inclusive. Upon request, the debtor may attach the timeline with the proposed amount of the staggered instalments;
  • to record no outstanding budgetary obligations at the date of the state of emergency enforcement;
  • not to be under insolvency proceedings;
  • not to be dissolved according to legal provisions in force;
  • to have submitted all tax declarations;
  • not to have established a liability according to the legislation on insolvency and/or joint and several liabilities, according to the provisions of art. 25 and 26 of Law no. 207/2015 on the Tax Procedure Code, with subsequent amendments and completions.

The Ministry mentions a number of benefits, including:

  • it is a simplified procedure for granting payment rescheduling for taxpayers who were good payers before the state of emergency. Compared to the normal rescheduling procedure, according to the Tax Procedure Code, the procedure and documents submitted by debtors are simplified, in the sense that rescheduling is granted only on the basis of an application, without other documents submitted.
  • the term for handling the requests is much shortened – 5 days from the date of filing the application, as no comprehensive analysis of the debtor’s tax situation is necessary;
  • payment enforcement action is suspended for budgetary obligations subject to payment rescheduling;
  • no guarantees are set, given the short deadline for payment rescheduling (12 months), the difficult situation faced by taxpayers in terms of much reduced financial liquidity compared to the period before the state of emergency, and the need to support the business environment to revitalize the activity;
  • budgetary obligations are not considered to be outstanding during the payment rescheduling period;
  • the debtor may request, only once during the validity of the payment rescheduling, the adjustment of the payment rescheduling by including the obligations that represent a condition for maintaining its validity;
  • the debtor may maintain the payment rescheduling, lost, only once during the validity of the payment rescheduling, respectively during the 12 months of the rescheduling.

Until October 8, 2020, at ANAF level, approximately 1,000 taxpayers expressed their intention to benefit from this tax incentive by submitting notifications to tax authorities. Only about 60 of them have applied for restructuring budgetary obligations and currently, about 45 of them benefit from the facility, the explanatory memoranda of the draft OUG shows.

The targeted taxpayers represent a significant segment both in terms of turnover (RON 11,473 million) and the number of employees (approx. 48,500 employees).

“To the extent that taxpayers who have expressed their intention to benefit from the restructuring of budgetary obligations will submit applications by December 31, 2020, which will be approved, the estimated budgetary impact on state revenues is the collection, in maximum 7 years, of approximately RON 5,137 million, as well as the cancellation of ancillary debts amounting to RON 2,415 million”, the document mentioned also shows.

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