Lottery of fiscal receipts

On January 31st 2015, the Official Gazette of Romania published the Ordinance 10/2015 regarding the organization of the lottery of fiscal receipts.

This ordinance has been designed as a measure for fighting against tax evasion and encouraging customers to require fiscal receipts, so that the revenue obtained by business operators could be taxed.

According to this regulatory deed, the lottery will be organized monthly on the first Sunday following the date of 15thof each month or occasionally (before Easter, Christmas, and New Year etc.). Each lottery drawing includes the fiscal receipts issued during the previous calendar month.

Lottery drawings will be carried out by the Romanian Lottery and the first drawing shall take place on April 13th 2015, with a prize pool of RON 1 million.

Prizes are to be claimed within 30 days from the drawing date and they will be paid by the Ministry of Public Finance.

In order that winners could be nominated, they have to hand over the winning fiscal receipt in original at any territorial unit of the Revenue Office, together with a copy of the ID card.

There are as usual pros and cons against this regulatory measure.

While certain people consider that this measure is going to bring tax evasion to a lower level, others (such as those from the National Association of Small and Medium-Sized Traders) consider that the provisions of the ordinance are not constitutional. The ordinance stipulates that, in case a business operator refuses to issue and hand over to its customer a fiscal receipt, the customer is entitled to benefit from the acquired service or goods without paying its price. Nevertheless, the Association purports that private property is equally guaranteed and protected by the law, regardless of the holder and no one can be expropriated unless for causes of public utility determined according to the law and as a result of rightful compensation made beforehand.

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