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de Victor Bratu , 4.2.2019

ANAF’s new president, Mihaela Triculescu, handed over to the National Commission for Strategy and Prognosis – CNSP the power to decide what companies are to be audited by tax authority’s inspectors on grounds that they pose a high fiscal risk.

The National Agency for Tax Administration and the National Commission for Strategy and Prognosis concluded a cooperation agreement on January 22 stating that:

“Starting January 2019, the CNSP will select taxpayers that will be proposed to be included in the audits carried out by ANAF depending on their field of activity, turnover fluctuation and other indicators agreed by ANAF and CNSP.”

Selection mechanism for audit

  • According to the document, ANAF will continue to carry out the risk analysis based on the same evaluation criteria that have never been presented publicly, to which “statistical indicators sent by CNSPwill be added.
  • The selection of companies subject to controls will be made by the CNSP, which will “monthly communicate to the ANAF management the situation of sectors and companies that present a high risk of tax evasion.” According to the agreement, ANAF “will use the risk analysis and information submitted by the CNSP” to establish the program of audit actions. The concrete form of the control actions is made by ANAF, “with the communication to CNSP on the reasons why some of the CNSP proposals were not adopted“.
  • To the extent that sectoral and microeconomic information from commercial companies or public institutions is necessary for the risk analysis, ANAF and CNSP will work together to obtain them, the document also mentions.
  • ANAF also commits itself to communicate to CNSP “information on the effects achieved in reducing tax evasion” following the audit actions run in companies proposed in the risk analyses.
  • The agreement states that ANAF and CNSP may form joint working groups.

Shadow government: CNSP

The National Prognosis Commission has turned into the National Commission for Strategies and Prognosis based on an Emergency Ordinance issued by Dancila Government in April 2018.

On this occasion, CNSP took on new responsibilities – specific to line ministries – on public policies, such as the monitoring of major investments in the economy and state aids.

Here’s how the Prognosis Commission looks today, which became the most powerful government entity:

  • develops short-, medium- and long-term economic and social development programs
  • issues forecasts and studies on macroeconomic, sectoral and regional balance
  • monitors and administers state aid schemes
  • guarantees interest-free loans
  • proposes and substantiates the public investment projects developed under public-private partnerships
  • carries out expropriations for the implementation of investment projects through the public-private partnership method
  • coordinates the activities of public policy units
  • participates in the coordination of activities falling within the euro adoption process
  • ensures that the government program is fulfilled

During the assault on the money of Pension Pillar II, a CNSP draft was displayed on the government’s website in the spring that provided for the cancellation of payments to Pension Pillar II as of July 1.

CNSP head Ion Ghizdeanu later stated that the publication of the draft “was a material error”.

In addition, as of January 22, 2019, the responsibility of deciding what companies should be controlled by ANAF is added to the list above.

Prime Minister from backstage: Darius Valcov

Political community states that Darius Valcov, prime minister’s economic adviser, was the one who imposed the change of ANAF’s head and informally controls the CNSP.

Former Mayor of Slatina city and former Finance Minister, Valcov was sentenced in February by the High Court of Cassation and Justice to eight years of prison in the case file in which he is accused of influence peddling and money laundering.

The decision, which was taken unanimously by the formation of 3 judges, is not final. The appeal is to the formation of 5 judges, but the appeal cannot start before the conviction decision is motivated.

The Criminal Procedure Code provides for a 30-day deadline for drafting the motivation, but this motivation does not either exist today, 11 months after the sentence.

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