In the Official Gazette of Romania (Part I) no.296 of April 17, 2019, there has been published the Law no. 60/2019 for amending and completing the Law no. 227/2015 regarding the Fiscal Code.
The measure is reasoned by the need to transpose into the national legislation the provisions of the EU Directive no. 1065/2016 regarding:
- defining the value coupons and classifying them into single-use value coupons and multiple use-value coupons;
- establishing the VAT generator and the VAT regime applicable to the two categories of value coupons.
We remind that the amendments made to the Fiscal Code, regarding the VAT regime applicable to value coupons, apply from April 20, 2019.
Thus, the Fiscal Code introduces art. 274 ^ 1 Common provisions for the delivery of goods and services, which regulates the regime of value coupons (former vouchers).
The following definitions are reproduced in this article:
- value coupon means an instrument that implies the obligation to accept it as a counterparty or as part of the counterparty of a delivery of goods or services and which implies the indication of the goods or services to be delivered or provided or the identities of the potential suppliers/ providers of them, either on the instrument itself or within the related documentation, including within the terms and conditions of use of the instrument;
- single-use value coupon means a valuable coupon in which the place of delivery of the goods or of the services to which the value coupon refers and the VAT due for those goods or services are known at the time of issuing the value coupon;
- value coupon with multiple uses means a coupon value, other than a value coupon for single use.
Special features of the coupon for single use:
Each transfer of a single-use value coupon made by a taxable person acting in his own name is considered to be a delivery of the goods or a provision of the services to which the value coupon refers.
The effective delivery of the goods or the effective provision of the services, in exchange for a single-use coupon accepted as counterparty or part of the counterparty by the supplier/provider, is not considered to be an independent transaction, for the counterparty part covered by the coupon.
For the part of the counterparty that is not covered by the single-use value coupon, an independent transaction is considered.
In the situation where the supplier/provider of the goods or services is not the taxable person who, acting in his own name, issued the value coupon for single use, it is considered that the supplier/provider delivered the goods or provided the services to which the value coupon refers to the person the taxpayer who issued the coupon in his own name, on the date the coupon is used.
If the transfer of a single-use coupon is done by an intermediary – the taxable person who acts on behalf of another taxable person, that transfer is considered to be the delivery of the goods or the services to which the value coupon refers, carried out by the taxable person in the name of which the intermediary acts
Special features of the coupon with multiple uses:
The effective delivery of the goods or the effective provision of the services, in exchange for a value coupon with multiple uses accepted as a counterpart or part of the counterpart by the supplier/provider, falls within the VAT sphere according to art. 268, while each previous transfer of the respective multi-use coupon does not fall within the VAT sphere.
If the multi-use value coupon is transferred by a taxable person, other than the taxable person who performs the operation in the VAT field according to the preceding paragraph, any identifiable service provision, such as distribution or promotion services, will enter in the VAT field.
Thus, summarizing the information presented above, we observe that in the case of single-use coupons, VAT is collected at the time of transfer of the coupons, and in the case of multiple-use coupons, VAT is collected when delivering the goods or providing the services to which the value coupon refers.