Documentary checks on legal entities and individuals taxpayers (2)

S.C. X S.R.L. – Its object of activity is “Manufacture of other plastic products”, CAEN code 2229.

Period audited: 01.01.2016 – 30.11.2022.

The main findings of the tax inspection authorities  were:

The audit was initiated as a result of the fact that the company had successively recorded negative VAT amounts without claiming their refund. From the analysis of the 4424 account statement and VAT statements, the tax inspection authorities  found that the audited company recorded VAT balance to be recovered throughout the entire period of limitation, and the final balance recorded on 31.12.2015, in the amount of x lei, is part of the component of the balance to be recovered for the entire period analyzed.

The limitation period for the year 2015 would have expired on January 1, 2021, if there had not been a cause for suspension, but as a result of the provisions of Article XII, para. (5) and Art. (1) of OUG no. 48/2020 on some financial-fiscal measures, with all subsequent amendments and additions, it expired on September 13, 2021. Thus, the tax inspection authorities  found that the balance of the negative VAT amount of x lei recorded in the accounting records as the initial debit balance of account 4424 on 01.01.2016 (final debit balance on 31.12.2015), which is part of the composition of the balance of the negative VAT amount recorded in each tax period in the analyzed interval, is time-barred.

As a result of the issues found, the tax inspection authorities  decreased the balance of the negative VAT amount of RON x recorded in September 2021 by RON x.

 

Source: ANAF