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What news brings us the Fiscal Code in 2010?

2010 is preparing us a series of new amendments to the Tax Code. In addition to those which are still in the planning phase or in the center of public debate, there are some changes that have already become certainties, since they were already published in a legal document, the Ordinance 109 of October 7, 2009 published in Official Gazette no. 689 of 13.10.2009.

The main amendments of the Fiscal Code refers to the place of delivery for services and the finalcial summary statement. Thus, the Ordinance 109 of 07/10/2009 amended Article 133 of the Tax Code, regarding the place of delivery for services.

If until now the place of delivery for services was considered the place where the supplier is established or has fixed office from which services are delivered, once with the amendments of the Ordinance 109 of 2009, under Article 133 paragraph 2), the place of delivery for services became the place where the person that receives the services has the business office.

If the services are provided to a fixed office of the taxable person who is in another place other than the one where the applicant has his business, then the delivery place for the services is where that fixed establishment of the person that is receiving the services is.

In the absence of such a place or fixed establishment, the place of service delivery is where the taxable person that receives such services is domiciled or resident.

Also starting also January 2010, the content and deadline for submission of financial summary statement, the statement 390 regarding the procurement and supply of goods within the Community, will be changed.
If until now the statement was prepared and submitted quarterly, starting with 2010 it will be prepared and submitted monthly, the deadline for submission being the 15th of the next following month.

Recapitulative statement will contain in addition to acquisitions of taxable intra-Community goods the supplies of intra-Community goods, both the free of charge and the supplies of goods made in a triangular transactions for which the liability for tax was incurred in that calendar month, and the work done for the benefit of taxable persons not established in Romania, but set in the European Community, for whom the liability for tax was incurred in that month.

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