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deAlexandra Craciunoiu March 23, 2020

Huge disinformation from the Minister of Finance and ANAF!

Unfortunately, in these difficult days, we are the victims of a serious disinformation coming from the ANAF.

A few days ago the finance minister Florin Citu announced through a public announcement on his Facebook page several measures that will be taken in favor of the business environment to combat the effects of the current crisis. Shortly thereafter, ANAF published on its website an official statement containing the same measures. You can find it on the ANAF website, here, and also in the attached image. Details of these provisions are also available here.

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Unfortunately, in these difficult days, we are the victims of a serious disinformation coming from the ANAF.

A few days ago the finance minister Florin Citu announced through a public announcement on his Facebook page several measures that will be taken in favor of the business environment to combat the effects of the current crisis. Shortly thereafter, ANAF published on its website an official statement containing the same measures. You can find it on the ANAF website, here, and also in the attached image. Details of these provisions are also available here.

Unfortunately, in these difficult days, we are the victims of a serious disinformation coming from the ANAF.

A few days ago the finance minister Florin Citu announced through a public announcement on his Facebook page several measures that will be taken in favor of the business environment to combat the effects of the current crisis. Shortly thereafter, ANAF published on its website an official statement containing the same measures. You can find it on the ANAF website, here, and also in the attached image. Details of these provisions are also available here.

The information has also been taken up by the media and by all the companies, and represents a major breath in the current crisis. It is just that no regulatory document has been issued in support of the provisions in question. Under pressure in the recent days, ANAF may have forgotten to formalise such decisions, but the intention (and implicitly the provisions contained in the communication) would remain valid, namely that the decree should be issued at any time.

But from our experience in relation with the public institutions, which in many cases turned out to be a bad experience, and because we feel responsible for the way our clients apply these provisions, we asked ANAF (in writing and by telephone) an official opinion on the provisions of this notice.

We have already received the answer and were surprised: the provisions of the communication DO NOT APPLY because there is no legal document to stipulate such facilities.

In our opinion, we are talking about serious misinformation, with a purely image purpose, but with a DEVASTATING EFFECT FOR ENTERPRISES. Today we are on the 20th of March. The deadline for the submission of the declarations and the payment of taxes is March the 25th. At this time there is no official denial for that communication, so most companies are still living with the illusion that they will benefit from a delay of a month for the pay of the taxes.

Most of the companies closed down 2 days ago and sent their employees home (because this is what the President of Romania asked them), so if they want to come back and submit their declarations/pay the taxes (This is the happy case if they have the necessary money) it will be difficult for some to do so. Because we are not just talking about the actual presentation of statements, as the government’s resources imply. Anyone who works in the field knows that the declarations are made on the basis of processing and the recording in the accounts of the financial and accounting documents. And if a company has closed its business and sent the financial accounting department home, based on the ANAF release, it is extremely difficult to resolve in the next 3 remaining business days until the deadline (This is in the happy case in which an official denial would be presented today).

Apart from the fact that the Romanian Government has not given any real support to businesses at this difficult time, the postponement of the payment of taxes for a month was at least a breath (much below the level of the concessions, the exemptions or delays granted by other European states), The most serious thing, however, is that the Ministry of Finance in recent years MISINFORMS the taxpayers. And when the companies that took the statement of ANAF (and the statement made by the Minister of Finance) fail to pay taxes on time, in addition to the crisis that has already affected them, they will find themselves with penalties for delays and the blocking of their bank accounts.

We believe that this misinformation is one of the most serious events in the last 30 years in Romania, and that it is occurs in a period of crisis, that is during the state of emergency, is undoubtedly a dissemination of false information and an attack on national security.

We ask with urgency:

  • Public opinion of the Ministry of Finance on the application of these measures;

  • the investigation of this situation by the bodies responsible and the immediate adoption of measures to punish those guilty of this misinformation

  • urgently develop a package of measures to provide real support to the business environment.