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The Companies may now request to postpone the payment of the taxes and social charges

The Romanian Government published on 23rd of July 2009 the implementing rules of the Emergency Ordinance 92/1009 for postponing the payment of unpaid tax obligations on time, due to the effects of economic and financial crisis, determining the framework within which companies may benefit from delaying the payment of the taxes. The provisions of GEO no. 92/2009 shall apply until 30rd of June 2010.

The legal provisions refer to the payment of the tax obligations administered by ANAF: taxes, fees, contributions and other amounts due to general budget, and increases for the delay in respect thereof.

Conditions for the benefit of payment postponing

To qualify for postponing the payment of the taxes, taxpayers must fulfil the following cumulative conditions:

  • to have all tax returns filed in and deposited as requested by law;
  • do not record tax liability outstanding at 30rd of September 2008;
  • not have entered into criminal tax deeds;
  • have not been held reliable as taxpayers for the individuals, according to Law no. 85/2006 on insolvency proceedings, or according to Art. 27 and 28 of the Tax Procedure Code.

Deferment period

Deferment of payment may not exceed 6 months or the 20th of December of the fiscal year in which it is granted, and the postponing of the payment for a taxpayer is granted once in a calendar year. The term shall begin on the date of issuance of the decision granting the payment deferment.

Procedure for obtaining the facility

Deferment of payment shall be granted at the request of taxpayers, individuals or legal entities, regardless of form of ownership, the organization and the establishment. General term for resolving requests for deferment in payment shall not exceed 15 days from the date of submission.

Taxpayers who have not their tax residence in Romania and who have unpaid tax obligations, may benefit from deferring the payment only if they designate an fiscal representative as by art. 18 of the Tax Procedure Code.

Obligation to constitution of guarantees in order to obtain the postponement of the tax payment

It is mandatory the constitution of guarantees in the form of bank letters of guarantee, movable property and real-estate property in order to obtain the postponement of the tax payment, and the amount of the guarantee should cover the amounts delayed in payment.

If a letter of bank will be the guarantee, it will have a validity of more than 60 days longer than the period of deferment

Loss of validity of postponed payment facility

Taxpayers lose validity of postponed payment facility if:

  • taxpayers fail to pay according to law, tax obligations with payment terms starting with the date of issuance of the decision to delay payment;
  • are not fulfilled the obligations relating to the constitution of guarantees

Loss of validity of postponing the tax payment will attract its cancellation, and the commencement or continuation, as appropriate, of the enforcement.

The penalties for the delay of the tax payment

During deferment of payment of unpaid tax obligations on time, with the exceptions provided by law, the companies will have to pay the penalties for the delay in payment, as by art. 123 of the Tax Procedure Code. The total penalty for delay in payment of the taxes 36.5% per year.

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