ANAF Order no.2053 for the approval of the Procedure for the organization of the Register for the purchase of dwellings with a reduced VAT rate of 5%, starting from 1 January 2023 was published in the Official Gazette no.1144 of 28 November 2022.
According to the document, the Register is organized in electronic format and is managed with the help of the computer application provided by the National Centre for Financial Information of the Ministry of Finance.
The guidelines for access to the register by notaries public and the way to use it are drawn up by the National Centre for Financial Information, in consultation with the National Union of Notaries Public in Romania, and are made available to notaries public through the National Union of Notaries Public in Romania.
We underline the fact that the register is completed by notaries public on the date of authentication of legal acts between living persons which have as their object the transfer of the right of ownership for dwellings whose value, including the land on which they are built, does not exceed the amount of 600,000 lei, excluding value added tax, purchased by individuals individually or jointly with another individual/other individuals, for which the reduced VAT rate of 5% applies.
It is important to mention that the register is used in the situation where the transferor of the right of ownership of the dwelling is registered for VAT purposes in Romania, according to article 316 of the Fiscal Code, as well as in the case where the VAT registration code of the transferor has been cancelled according to article 316 paragraph (11) letter a), c)-e) and h) of the Fiscal Code.
According to the recently published normative act, the register contains the following information:
- identification data of the acquirer/dodgers natural person(s);
- the identification data of the transferor(s) of ownership;
- the full address of the dwelling purchased at the reduced VAT rate of 5%, in accordance with Article 291 paragraph (3) c) point 3 of the Fiscal Code;
- the value, exclusive of VAT, at which the economic transaction transferring the right of ownership of the dwelling, including the land on which it is built, was concluded;
- the number and date of the notarial deed authenticating the legal act between living persons concerning the transfer of ownership;
- the identification data of the notary public who authenticated the legal act between living persons concerning the transfer of ownership;
- the identification data of the notary public who carried out the registration in the register of the legal act between living persons concerning the transfer of ownership, if the registration is carried out by a notary associated with the notary who authenticated the act;
- date and registration number of the registration in the register, which are automatically generated by the computer application.
According to ANAF Order no.2053 /2022, in the year 2023, notaries shall also complete the register with the information from the inter vivos legal acts authenticated in the year 2023, which have as object the transfer of the right of ownership for dwellings whose value, including the land on which they are built, exceeds the amount of 600.000 lei, but does not exceed the amount of 700. 000 lei, excluding value added tax, acquired by individuals individually or jointly with another individual/other individuals, if they have concluded before January 1, 2023 legal acts between living persons, the object of which is the payment of an advance representing the partial or full payment of the consideration for the acquisition of such a dwelling.