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What's new in the Fiscal Procedure Code?

In July  the Law 207/2015 has been published regarding the new Code of tax procedure applicable from 1st of January 2016. As follows:

  • It will be reduced the level of interest of delay to 0,02% (from 0,03%) on each day of delay and the penalties for delay are reduced to 0,01% (from 0,02%) on each day of delay. The price increases because of the delay time (due on the obligation to the local budgets) shall be reduced to 1% (currently 2%) on each month or fraction of a month of delay.
  • Apart the concept of penalty of undeclared. This has the level about 0,08% per day from the tax obligations undeclared main or incorrectly declared by taxpayers paying/and laid down by the decision shall lapse upon payment or compensation times shall be staggered to the payment, in accordance with the law. The penalty of not declaring shall apply only to the tax claims which arise after the date of 1st of January 2016.
  • The duration of the inspection tax for small taxpayers will decrese to 45 days. It is introduced the obligation of the fiscal institution to complete the tax inspection within a period of maximum of twice the period provided as the duration of the fiscal control. Otherwise, the tax inspection shall cease without issuing of the acts of tax. However, the tax component can resume the inspection, with the approval of the component hierarchical superior, just once for the same period and the same obligations tax burden.
  • The period within which the taxpayers may lodge a point of view with respect to the draft the inspection report will increase from 3 to 5 working days for the small and medium-sized taxpayers and 7 workind days for the great taxpayers. A novelty is the possibility to request the increase of this term.
  • The time limit for the formulation of contesting measures is increased from 30 to 45 days. A novelty provided by the new Tax Code Procedure is the possibility to support an oral opposition before the competent organ with the settlement, situation in which will be convened also the component issuing tax organ.
  • The possibility to offset tax claims is extended to the level of the fiscal code. Therefore, it can be claimed the compensation of VAT to be refunded recorded at the level of a group with the fiscal obligations of the tax liability members.
  • Is implemented the principle of  "In dubio againts fiscum". According to this, the blur of the law must be interpreted in favor of the taxpayers.

The new Tax Code Procedure shall enter into force on 1st of January 2016 and will be applicable to the procedures for administration begun after the entry into force thereof. To tax claims created and to administrative procedures initiated before 1st of January 2016 are applicable the legal provisions created earlier.

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