The new amendments brought to the Fiscal Procedure Code have both positive and negative effects upon taxpayers starting with the 1st of January. We mention thus, the most important amendments for the business environment.
The legal VAT repayment term was extended from 45 days to 90 days in case of settling a VAT return with anticipated control. Moreover, the 90 days term can be also extended with another 6 months in case the statements performed in the VIES System need to be checked upon or in case information from the tax authorities of other states is needed. This way, a legal term of 9 months within which a vat reimbursement claim can be settled is born, without a possibility for the taxpayer to ask for interests as a result of delayed VAT reimbursement. Until now, the limitation period of 5 years began on the 1st of January of the year following the one in which the tax claim was born, as differences between the taxpayers and tax authorities regarding their perspective upon the moment in which the tax claim was born were arising. Now, by means of these amendments, this moment was determined as starting from the 1st of July of the year following the one for which the tax claim is due.
“Consequently, the tax authority will be able to perform the tax inspection and establish tax liabilities within 5 years and 6 months following its determination (end of financial year) for the taxes for which the tax base is yearly established and for the taxes for which the tax base is monthly established (VAT), the term can reach 6 years and 4 months from the day the tax base is established (for example for the tax related to January).”
Regarding the claim procedure, the taxpayer will dispose of 45 days for filing the tax claim, term which allows a more through preparation of the tax and legal argumentation as well as the identification of potential new evidence which could be used against the contested act. Secondly, we assist to the introduction of the provision allowing the taxpayer to claim for the oral presentation of the tax claim before the dispute settlement body. On the other hand, the new fiscal procedure code did not undertake the text allowing the taxpayer to contest also ”the lack of act”, which could generate contrasting interpretations and future conflicts between taxpayers and authorities.