Fiscal Procedure Code modifications-2016
Fiscal Procedure Code modifications
Starting 01.01.2016 the Fiscal Procedure Code (the Law describing the procedures and methods of enforcing the Fiscal Code) will be also significantly changed. The main modifications are:
In case of the non payment in due time of taxes, the delay interest to be paid to the State decreases from 0.03% to 0.02% / delay day from the not paid tax; the delay penalty, which is to be added to the already mentioned delay interest, decreases from 0.02% to 0.01% / delay day from the not paid tax;
In case of the taxes not declared or incorrectly declared by the company and noticed by the tax authority during a tax control, a supplementary 0.08%/delay day penalty tax will be introduced;
In case of the unpaid local taxes, the penalties decreases from 2%/month to 1%/month;
Introduction of the principle “in dubio contra fiscum”, according to which the topics not clearly stated by the law will be interpreted in the favour of the tax payer;
Introduction of the delays of 2, 4 or 6 months to solve the claims of the companies (to be applied to VAT reimbursement requests as well);
Extension of the situations when a tax payer can be declared as “fiscally inactive” – the companies in this situation cannot deduct the expenses and the related VAT for the purchasing;
The maximum duration of the tax control must be stated by the tax control team when starting the control, and can be 180, 90 or 45 days, according to the size of the company;
The maximum duration of the randomly tax control cannot exceed 30 days;
In order to be considered valid, the contestation against the tax control findings must be filled within 45 days after receiving the tax control notice – currently the period is 30 days.