Approval of the fiscal solution:
The tax solution is approved by order of the Minister of Finance and contains:
a) the name of the issuing tax authority;
b) the date on which it was issued and the date from which it is applicable;
c) the identification data of the taxpayer/payer beneficiary of the tax solution;
d) the object of the tax solution;
e) the main tax liability which is the subject of the tax solution;
f) the factual reason;
g) the legal basis;
h) references to the completions of the documentation/requests for clarifications that have occurred during the period of issuance of the tax solution;
i) the taxpayer’s/payer’s proposal on the tax settlement of the future factual tax situation;
j) the point of view of the taxpayer/applicant on the draft tax solution;
k) the competent tax authority’s interpretation of the tax treatment applicable to the future factual tax situation presented in the request for issuing the tax solution;
l) critical presumptions that may affect the applicability of the tax solution;
m) any other considerations relating to the application of the tax solution.
Fee for issuing the tax solution:
For each main tax liability, the tax provided for in the Tax Procedure Code shall be paid:
a) 5.000 euro, at the exchange rate communicated by the National Bank of Romania for the day of payment, for large taxpayers and non-resident taxpayers;
b) 3.000 euro, at the exchange rate communicated by the National Bank of Romania for the day of payment, for the other categories of taxpayers/payers.
Detailed content of the application and documentation for issuing the anticipated individual tax solution:
The application accompanied by the documentation for issuing the tax solution contains the following:
a) the identification data of the taxpayer/applicant and his/her legal representative, if applicable;
b) an overview or summary of the proposed transactions;
c) confirmation that the application for the issuance of the tax solution falls into one of the categories provided for in BEPS Action 5/DAC 3 and full details of related entities;
d) abbreviations and definitions of terms used;
e) detailed disclosure of relevant information in relation to the proposed transactions as follows:
(i)a full description of the relevant matters for each entity, person, association, etc. involved;
(ii) a description of the organisational structure or chain of transactions involving two or more entities;
(iii) the share capital, shareholding structure and equity participation of the entities involved;
(iv)any other information held prior to the proposed transactions or operations that may be relevant to the analysis of the application;
f) the presentation of relevant transactions completed in part or in full prior to the submission of the application for the issuance of the tax ruling;
g) the proposed transactions, respectively:
(i)a complete, accurate and detailed description of the transactions, in chronological order;
(ii)objective and rigorous evaluation of the proposed transactions, including determination of an implementation date/period;
(iii)a presentation of how the transactions will be carried out/implemented through a single route;
h) additional information, respectively:
(i)disclosure of any other information with respect to the application for the issuance of the tax solution that is relevant during or subsequent to the implementation of the proposed transactions (information regarding the taxpayer’s representatives/trustees – residency; the status or relationship between certain entities from a tax and/or legal standpoint; securities, debts or the nature of certain agreements);
(ii)a description of significant transactions which may be entered into after the completion of the proposed transactions and which are considered part of a series of transactions;
i) the tax or non-tax purpose of each proposed transaction;
j) a full analysis of the proposed transactions in terms of their economic purpose, seeking to clarify the following points:
(i)whether the transaction, including a series of transactions that includes that transaction, gives rise to a tax advantage and the amount of that advantage;
(ii) whether the transaction is a tax avoidance transaction and whether it is part of a series of transactions;
(iii)the reasonable grounds on which the applicant considers that the transaction is not intended, directly or indirectly, to be misused to obtain a tax advantage;
k) a declaration by the taxpayer/payer confirming the following:
(i)the information submitted is correct and complete with respect to all relevant facts, proposed transactions and additional information relating thereto;
(ii) the proposed transactions will be carried out/implemented in the manner described;
(iii)all relevant transactions have been included in the application;
(iv)there are no pending tax, administrative or judicial debt management proceedings relating to the proposed transactions;
(v)the proposed transactions, the applicant taxpayer and/or the entities involved are not the subject of a criminal investigation, including for tax evasion;
(vi)the tax treatment of the request has not been previously clarified by administrative acts, tax administrative acts, court rulings, decisions or any other acts issued by national or Community institutions;
l) the legal basis applicable to the proposed transactions;
m) the taxpayer’s/payer’s interpretation of the tax regulations applicable to the proposed transactions, respectively the proposal on the content of the tax solution;
n) proof of payment of the fee for issuing the tax solution.
The taxpayer/taxpayer requesting the issuance of a tax solution has the obligation to update and submit the information and statements referred to in letters a), e), h), k) and l) whenever changes occur during the period of issuance of the tax solution.
If the documentation contains documents in a foreign language, they will be accompanied by translations into Romanian.
The documents will be organised by directories, sub-directories and files, in editable digital format (.PDF, .DOC and/or .XLS), numbered and accompanied by an opis. The documents will be archived in a single .ZIP file.
If the taxpayer/payer completes the application and/or documentation with additional data, information, clarifications or documents, on his/her own initiative or at the request of the competent tax authority, these will be accompanied by references to the original documentation, as appropriate.
Legal basis:
-MF Order 1178/2023 for the approval of the Procedure for the issuance of the anticipated individual tax solution;
-Tax Procedure Code (approved by Law no.207/2015, published in MO no.547 of 23.07.2015), with subsequent amendments and additions;
-Tax Code (approved by Law no.227/2015, published in the Official Gazette no.688 of 10.09.2015), as amended and supplemented.