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Tax & Legal Alerts 2013

Our periodic Tax & Legal Alerts provide you with information on different tax and legal issues in Romania.

Tax & Legal  Alerts 2013

No. Date Description
Tax & Legal Weekly Alert 18 - 22 November 2013

Energy and Renewables
On 15 November 2013 Order no. 80/2013 of the President of the National Regulatory Authority in the Energy Field (”ANRE”) for the approval of general conditions for setting-up authorizations and  general conditions for electricity generation licenses, including energy generation in the form of cogeneration, was published in the Official Gazette.

The new conditions reflect the amendments set out by the new Regulation for the issuance of authorizations and licenses in the energy sector approved by ANRE Order 48/2013. The amendments are related to the possibility to transfer authorizations/licenses as well as to the obligation of the authorization/license holder to notify ANRE of changes in the information initially provided to the authority. The amendments also provide for new cases when a setting-up authorization/license can be amended, as well as when a setting-up authorization/license can be suspended or withdrawn.

Tax & Legal Weekly Alert 11 - 15 November 2013

Amendments to the Fiscal Code
Amendments to the Fiscal Code will come into effect starting 1st of January 2014, introducing a new tax on constructions as well as a number of matters regarding the definition of terms, principles and rules for general application relating to corporate income tax, tax on income obtained by individuals and social security contributions as well as withholding tax, VAT and excise duties.

Customs & Global Trade
The European Commission will ease customs formalities for sea shipping to make the sector more competitive.

Environment & Climate Change
The Official Gazette of Romania, Part I no. 671 of November 1st 2013 published Law no. 278/2013 on industrial emissions, which transposes into national legislation the recast Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control).

Tax & Legal Weekly Alert 4 - 8 November 2013 Real Estate
The High Court of Cassation and Justice rules: the tacit approval procedure does not apply to planning matters.
Tax & Legal Weekly Alert 28 October - 1 November 2013

Customs & Global Trade
The European Commission has recently published the Combined Nomenclature (“CN”) applicable starting 1st of January 2014. As a consequence, starting January, you will need to use the new CN codes for customs operations, Intrastat declarations and for operations performed on the basis of the customs and fiscal authorisations issued on CN 2013 tariff codes.

The CN is used by the European Community for levying import duties in the EU. The applicable duty rate upon import of goods depends on the classification in the CN.

Tax & Legal Weekly Alert 21 - 25 October 2013

Customs & Global Trade
The European Commission has recently changed the tariff classification of LCD flat panel displays which are able to display signals from automatic data-processing machines.

Corporate Taxation
Did you incur fiscal losses in 2008 which could not be used so far? 2013 is the last year you can benefit from these fiscal losses. For practical solutions, please contact the Deloitte team.

Tax & Legal Weekly Alert 14 - 18 October 2013

Customs & Global Trade
Romanian Government approved the ordinance through which it was established a tax of 0.5% on revenues from natural resource exploitation activities, other than gas, starting February 1, 2013.

On 25 September 2013, the French government announced a package of measures that include, amongst others, a new transfer pricing reporting and adjustment obligation between affiliated companies. Such adjustments will have an impact on the customs value of goods for companies importing goods into Romania based on transactions with companies from France.

Financial Services Industry
National Bank of Romania (“NBR”) Regulation no. 3/2013 amending and supplementing NBR Regulation no. 31/2011 on reporting data and statistical information to the NBR was published on 03.10.2013 in the Official Gazette of Romania no. 618, 1st Part.

Tax & Legal Weekly Alert 7 - 11 October 2013 Insolvency
On 2 October 2013, the Romanian Government approved Emergency Ordinance no. 91/2013 with respect to the procedures of insolvency prevention as well as to the insolvency procedure (the “Insolvency Code”). Consequently, a single legislative act shall serve as the general legislation (applicable to all economic operators), the special legislation (applicable to credit institutions and insurance/reinsurance companies), the provisions for insolvency of groups of companies as well as the cross-border insolvency.
Tax & Legal Weekly Alert 30 September - 4 October 2013

Customs & Global Trade
Stability on the excisable products market – a 2% lower exchange rate starting in 2014

Social security contributions
Introduction of health fund contributions for individuals who obtain revenues from the grant of the use of goods

VAT
Infringement procedure for Romania regarding the VAT refund

Fiscal Receipts amounting up to EUR 100 are no longer reported in Statement 394

Tax & Legal Weekly Alert 23 – 27 September 2013 Energy and Renewables
On 24 September 2013 Government Decision no. 713/2013 for repealing Government Decision 540/2004 for the approval of a new Regulation for the issuance of authorizations and licenses in the energy sector was published in the Official Gazette. Consequently, the provisions of the new Regulation on this matter, approved through ANRE Order no. 48/2013, have entered into force and have become applicable.
Tax & Legal Weekly Alert 16 – 20 September 2013 Global employer services
On 10 September 2013 new amendments regarding the criteria required for IT specialists to qualify for income tax exempt status were brought into force.
Tax & Legal Alert No. 66 5 September 2013 Proposed new Insolvency Law.
Tax & Legal Alert No. 65 5 September 2013 Energy and Renewables
New rules for the organization and functioning of the BC-GCs’ market.
Tax & Legal Alert No. 64 3 September 2013 New amendments brought to the Environmental Fund taxes.
Tax & Legal Alert No. 63 2 September 2013 VAT reverse charge on supply of electricity and green certificates.
Tax & Legal Alert No. 62 30 August 2013 New amendments brought to the Methodological Norms of the Fiscal Code – Government Decision no. 613 per August 22, 2013.
Tax & Legal Alert No. 61 29 August 2013 Amendments to the Fiscal Code.
Tax & Legal Alert No. 60 28 August 2013 Intellectual Property
Protection of intellectual property rights – customs authorities apply stronger measures against counterfeit goods.
Tax & Legal Alert No. 59 26 August 2013 Energy and Renewables
New rules for connecting  to the transmission and distribution power grids.
Tax & Legal Alert No. 58 16 August 2013 Energy and Renewables
New rules regarding the accreditation of E-RES producers for the GCs’ support scheme.
Tax & Legal Alert No. 57 14 August 2013 Financial Services Industry
The transposition of AIFMD became due.
Tax & Legal Alert No. 56 9 August 2013 Real Estate
New rules applicable to notarial procedures and acts.
Tax & Legal Alert No. 55 8 August 2013 Removal of antidumping duties for imports of solar panels originating from China for certain Chinese producers.
Tax & Legal Alert No. 54 2 August 2013 Energy and Renewables
New rules for the issuance of authorizations and licenses in the energy sector.
Tax & Legal Alert No. 53 31 July 2013 Tariff barriers between the EU and Colombia lifted as of 1 August 2013.
Tax & Legal Alert No. 52 29 July 2013 Real Estate
Significant amendments brought to Law 350/2001 regarding land development and urban planning.
Tax & Legal Alert No. 51 26 July 2013 New amendments regarding the registration of non – resident taxpayers carrying out activities in Romania through one or more permanent establishments.
Tax & Legal Alert No. 50 19 July 2013 Environment & Climate Change
Amendment to the Government Emergency Ordinance no. 195/2005 regarding environment protection.
Tax & Legal Alert No. 49 19 July 2013 Financial Services Industry
Financial crisis and insolvency situations on administrative-territorial units.
Tax & Legal Alert No. 48 19 July 2013 Real Estate
Significant amendments to the legislation regarding the energy performance of buildings - update.
Tax & Legal Alert No. 47 10 July 2013 Legal provisions impacting the advertisement activities. Necessity to amend the agreements whose object is the display of outdoor advertising signs.
Tax & Legal Alert No. 46 9 July 2013 Household solar systems released from VAT burden.
Tax & Legal Alert No. 45 2 July 2013 Practical Guide on the tax treatment of certain transactions performed by the taxpayers using the International Financial Reporting Standards (“IFRS”), applicable to financial institutions (“the Guide”).
Tax & Legal Alert No. 44 2 July 2013 Public Sector
Amendments to the legislation governing public procurement and concession of public works and services.
Tax & Legal Alert No. 43 20 June 2013 VAT group news.
Tax & Legal Alert No. 42 17 June 2013 U.S.A. extraterritorial sanctions against the companies from the automotive industry – Iran transactions.
Tax & Legal Alert No. 41 13 June 2013 Refillable steel cylinders and clothes hangers will be included in the packaging category.
Tax & Legal Alert No. 40 6 June 2013 Energy Law
Changes to Romania’s RES legislation applicable as of 01 July 2013.
Tax & Legal Alert No. 39 6 June 2013 Up to 67.9% provisional antidumping duties for imports of solar panels (including their essential elements) originating from China.
Tax & Legal Alert No. 38 5 June 2013 New regulations amending the Fiscal Code.
Tax & Legal Alert No. 37 5 June 2013 Competition Law
The Romanian Competition Council issued the Report on card payment services market.
Tax & Legal Alert No. 36 30 May 2013 Suppliers of cereals and technical plants are not obliged to collect VAT for the supplies performed until 31 May 2014.
Tax & Legal Alert No. 35 29 May 2013 Up to 70% antidumping duties for imports of solar panels (including their essential elements) originating from China.
Tax & Legal Alert No. 34 27 May 2013 Suppliers of cereals and technical plants could be obliged to collect VAT for the supplies performed starting with 1st of June 2013.
Tax & Legal Alert No. 33 27 May 2013 Communication of the Ministry of Public Finance to Deloitte regarding the exclusion of VAT from the computation base of the claw back tax.
Tax & Legal Alert No. 32 24 May 2013 Real Estate
Significant amendments to the legislation regarding the energy performance of buildings.
Tax & Legal Alert No. 31 23 May 2013 Croatia, welcome to the European Union!
Tax & Legal Alert No. 30 22 May 2013 Imports into the EU of mobile telecommunications networks and their essential elements originating from China taken in sight by the European Commission.
Tax & Legal Alert No. 29 21 May 2013 Real Estate
New measures to be implemented for expediting the restitution process of the immovable properties abusively taken over by the state during the communist regime.
Tax & Legal Alert No. 28 17 May 2013 Real Estate
Amendments to the legislation regarding the authorization of construction works and the real estate publicity formalities.
Tax & Legal Alert No. 27 22 April 2013 ECJ: late payment interest can be obtained even for the period prior submitting the claim for interest.
Tax & Legal Alert No. 26 18 April 2013 Commercial advertisements on television – Legal restrictions.
Tax & Legal Alert No. 25 16 April 2013 New measures for combatting delays in payment obligations.
Tax & Legal Alert No. 24 5 April 2013 Tax Controversy
Significant toughening of the sanctions regulated under the law on the prevention and fighting against tax evasion.
Tax & Legal Alert No. 23 27 March 2013 New amendments brought to the Methodological Norms of the Fiscal Code.
Tax & Legal Alert No. 22 26 March 2013 Energy Law
The limits for trading green certificates and the value of not traded green certificates, applicable as of 2013.
Tax & Legal Alert No. 21 22 March 2013 Environment & Climate Change
New rules in connection with timber and timber products placed on the market.
Tax & Legal Alert No. 20 19 March 2013 Competition Law
Romanian Competition Council published a set of good practice recommendations on the petitioning activity.
Tax & Legal Alert No. 19 15 March 2013 Competition Law
Romanian Competition Council initiated a new sector inquiry on Romanian pharmaceutical market.
Tax & Legal Alert No. 18 27 February 2013 Claw-back tax.
Tax & Legal Alert No. 17 26 February 2013 Order regarding the consumer price index used for updating the advance payments in the annual profit tax account.
Tax & Legal Alert No. 16 7 February 2013 Claw-back tax.
Tax & Legal Alert No. 15 31 January 2013 Program for prevention and reduction of waste – a mandatory requirement since 2012.
Tax & Legal Alert No. 14 29 January 2013 Financial Services Industry
Although the European Union approved the Financial Transaction Tax, Romania will not levy such a tax.
Tax & Legal Alert No. 13 29 January 2013 New regulations amending the Fiscal Code.
Tax & Legal Alert No. 12 25 January 2013 New fiscal regulations for the energy sector.
Tax & Legal Alert No. 11 24 January 2013 Procedural rules regarding the conditions for exercising the right of use and easement on private property affected by natural gas capacities.
Tax & Legal Alert No. 10 23 January 2013 15 March – The deadline for the next round of application for suspension of customs duties on goods to be imported into EU.
Tax & Legal Alert No. 9 22 January 2013 Fiscal provisions and reporting obligations for the beginning of the year.
Tax & Legal Alert No. 8 18 January 2013 Real Estate
The advantage of registering the fiduciary and lease contracts with the tax authorities.
Tax & Legal Alert No. 7 17 January 2013 Intellectual Property
Registration of trademarks in relation to financial, pharmaceutical or IT services: clarifications brought by the new version of the International Classification of Goods and Services for the Purposes of the Registration of Trademarks.
Tax & Legal Alert No. 6 16 January 2013 Financial Services Industry
New measures adopted by the National Securities Commission ("CNVM") which details the effects of exceeding the ownership threshold of 5% of the share capital of financial investment companies (“SIF”).
Tax & Legal Alert No. 5 16 January 2013 Financial Services Industry
The National Securities Commission (“CNVM”) adopted measures regarding the intermediaries’ obligation to report clients’ complaints as well as their solving status.
Tax & Legal Alert No. 4 14 January 2013 Financial Services Industry
New limitations applicable to the investments permitted to private pension funds.
Tax & Legal Alert No. 3 9 January 2013 The model and content of Form (012) "Notification regarding the amendment of the annual/quarterly system for declaration and payment of corporate income tax” have been approved.
Tax & Legal Alert No. 2 8 January 2013 Financial Services Industry
Report of Competition Council on evolution of competition in key industries.
Tax & Legal Alert No. 1 7 January 2013 A new appeal on points of law awarded: the term in which the disciplinary sanction has to be applied.

 

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