Modification of the fiscal period from month to quarter, forms, statements

If in 2019 there were no intra-Community acquisitions of goods, taxable in Romania, the company is obliged to modify the fiscal vector to use in 2020 as the fiscal period the calendar quarter, instead of the calendar month because it did not realize a turnover equal to or greater than the equivalent in lei of the limit of 100,000 euros/calendar year. When setting the limit of 100,000 euros, the total value, excluding VAT, of the operations that give the right of deduction, consisting of:

– taxable operations;

– operations exempt with the right of deduction (for example, intra-Community supplies of goods and exports);

– non-taxable operations in Romania (for example, intra-Community services provision for which the provisions of article 133 paragraph (2) or deliveries of goods that do not take place in Romania are applicable).

In this regard, I consider the provisions of art. 322 paragraph (2) of the Fiscal Code “By exception from the provisions of par. (1), the fiscal period is the calendar quarter for the taxable person who during the previous calendar year made a turnover from taxable and / or exempt operations with the right of deduction and / or non-taxable in Romania according to art. 275 and 278, but which give the right of deduction according to art. 297 para. (4) lit. b), which did not exceed the limit of 100,000 euros whose equivalent in lei is calculated according to the methodological norms, except for the situation in which the taxable person made during the preceding calendar year one or more intra-Community acquisitions of goods. ”

Thus, the transition from the fiscal period to the calendar month to the quarter is not optional, being mandatory.

When determining the turnover for the limit of 100,000 euros, it includes the invoices issued for advances received or not received and other invoices issued before the date of delivery/delivery, aspect regulated in paragraph 103 paragraph. (2) of the implementing rules of art. 322 paragraph (2) “The equivalent in lei of the limit of 100,000 euros, provided in art. 322 paragraph (2) of the Fiscal Code, in any situation, is determined on the basis of the exchange rate communicated by the National Bank of Romania valid for December 31 of the previous year, including for taxable persons who request the registration for VAT purposes, according to art. 316 of the Fiscal Code, during the year. When determining the turnover provided in art. 322 paragraph (2) of the Fiscal Code, the tax base registered on the rows from the tax return provided in art. 323 of the Fiscal Code corresponding to the deliveries of goods/services taxable and/or exempt with the right of deduction and/or the deliveries of goods/services renderings for which the place of delivery/rendering is considered to be abroad, according to the provisions of art. 275 and 278 of the Fiscal Code, but which give the right of deduction according to art. 297 para. (4) lit. b) of the Fiscal Code, as well as the rows of related adjustments. The amounts entered in the discount rows for informative data fields such as invoices issued after-tax inspection or non-taxable VAT information are not taken into account. “

As may be seen, in the turnover of 100,000 euros, the total value of the invoices issued, exclusive of VAT, is included during the year 2019, regardless of the fact that:

– their value was or was not collected (if the company is registered in the VAT system at collection);

– their value represents advances for the delivery of goods and the provision of services;

– the goods were delivered and the services were provided.

The exchange rate communicated by the National Bank of Romania valid for December 31, 2019 is 4.7793 lei / euro, in which case the equivalent in lei of the limit of 100,000 euros / year is 4,779,300 lei (1,000,000 euros x 4.7793 lei / euro);

In order to change the fiscal period for 2020, from the calendar month in the quarter, the taxable person from Romania must submit/submit to the fiscal authorities the forms:

  1. code 010 “Declaration of fiscal registration / Statement of mentions / Declaration of cancellation for legal persons, associations and other entities without legal personality (010), code 14.13.01.10.11 / 1”, regulated byOrder of the President of the National Agency for Fiscal Administration (O.P.A.N.A.F.) no. 3725 of December 19, 2017, for the approval of the tax registration forms of the taxpayers and of the types of fiscal obligations that make up the fiscal vector. The form checked as “Statement of mentions” in item 2 of section I “TYPE OF DECLARATION” is completed in section “V. DATA ON THE FISCAL VECTOR” item 1. “Tax on value-added” in points:

– 1.10. Turnover from the previous year, obtained from taxable operations and/or exempted from value-added tax with the right of deduction and/or non-taxable in Romania according to art. 275 and 278 of the Fiscal Code, but which give the right of deduction according to art. 297 para. (4) lit. b) of the Fiscal Code;

– 1.11. “Fiscal period” (1.11.2. Quarterly) and is submitted to the competent fiscal authorities until January 15, 2020.

  1. b) code 700 “Declaration for the registration/modification in the electronic environment of the categories of declarative fiscal obligations registered in the fiscal vector (700)”, code 14.13.01.10.01, regulated by the same Order of the President of the National Agency for Fiscal Administration (O.P.A.N.A.F.) no. 3725 of December 19, 2017.

The statement is completed in the following sub-points of section II. DATA ON THE FISCAL VECTOR point 1 Value added tax:

– 1.1.3. quarterly;

– 1.4. Turnover from the previous year,

This statement is transmitted exclusively by electronic means of remote transmission.

The two declarations must be submitted/submitted to the competent fiscal authorities by January 15, 2020, inclusive, thus respecting the provisions:

– Art. 316 par. (18) of the Fiscal Code The person registered according to this article will announce in writing the competent tax authorities regarding the changes of the information declared in the registration application or provided by another method to the competent fiscal authorities, in relation to its registration, or that appear in the registration certificate within 15 days of at the production of any of these events.”

– Art. 88 Subsequent amendments to the fiscal registration para. (1) of the Fiscal Procedure Code “(1) Subsequent modifications of the data in the tax registration statement must be notified to the central tax authority, within 15 days from the date of their production, by completing and submitting the statement of mentions..”

After the modification of the fiscal reporting period, the value of the operations is reported quarterly through Statements D300 and D394. Also, the maturity of the VAT payment obligation is made until the 25th of the month following the end of the quarter, according to the changes made by the competent fiscal authorities in the summary sheet on the payer as a result of processing the information in the declaration code 010 and 700 transmitted by the person taxable registered for VAT purposes under normal regime.

In the case of the informative declaration code 394, this obligation results from art. 7 of the Order of the President of the National Agency for Fiscal Administration (O.P.A.N.A.F.) no. 3769 of December 23, 2015, regarding the declaration of deliveries/deliveries and purchases made on the national territory by the persons registered for VAT purposes and for approving the model and content of the informative declaration regarding the deliveries/performances and purchases made on the national territory by the persons registered for VAT purposes “Period of reporting for the form mentioned in article 2 is the fiscal period declared for the submission of the tax return on value-added (form 300), provided for in article 322 of Law no. 227/2015, with the subsequent modifications and completions. “

Regarding the informative declaration code 390 VIES, the submission is made monthly, issue regulated by Order of the President of the National Agency for Fiscal Administration (O.P.A.N.A.F.) no.591 of February 3, 2016, for the approval of the model and the content of the form (390 VIES) “Recapitulative statement regarding intra-community supplies/acquisitions/services” according to the provisions of item 1.1. from the Instructions “1.1. The recapitulative statement is submitted monthly, under the conditions provided for in article 325 of the Law no. 227/2015 regarding the Fiscal Code, with the subsequent amendments and completions (the Fiscal Code), until the 25th of the month following the month, calendar, by the taxable persons registered for VAT purposes according to article 316 or 317 of the Fiscal Code. “, but only when performing Intra-Community operations with goods and services, aspect regulated in point 1.2 of the Instructions

“1.2. The taxable persons registered for VAT purposes submit the recapitulative statement only for the calendar months in which the tax demand has appeared.”