In the Official Gazette (Part I) ANAF Order No.423 was published on the amendment of the Order of the President of ANAF No.3386/2016 approving the model and content of forms 101 ”Income tax return” and 120 ”Excise tax declaration”.
We mention that by the recently published normative act, both the tax return 101 and its completion instructions have been amended to include the recapitalization facilities provided for corporate tax payers.
The amendments introduced by Order 423/2022 were necessary because from 2022 the recapitalisation facilities introduced by EMERGENCY ORDINANCE 153/2020 can be effectively applied.
We remind you that the 101 return for 2021 must be filed by 25 June 2022.
Amendments introduced by OpANAF 423/2022:
A first change is to the form itself – in box B (income tax data), line 46 can be used to pass the income tax reduction in accordance with the provisions of URGENT ORDINANCE 153/2020.
| Annual income tax (lines 42-42, 43-44, 45-46)>0 | 47 | |
| Profit tax determined as a result of the tax audit for the reporting tax year and reflected in the indicators from the form | 48 | |
| Profit tax declared for the reporting year on Form 100/Withholding tax withheld in the reporting year. | 49 | |
| Tax difference due to sponsorship/private scholarship/patronage. | 50 | |
| The amount of exempt income tax related to cash registers added to income tax in accordance with Article 45(7) of the Tax Code | 51 | |
Difference of profit tax due (Lines 47+50+51)-(Lines. 48+49)>=0 | 52 | |
| Difference in the profit tax to be recovered (Lines.48+49 -(47+50+51) >=0 | 53 | |
Correlations Lines 42.1<=Lines.41 Lines.42.2<=Lines.41-42.1 Lines. 42.3<=Lines.41.1-42.2 Lines.43<=20%*(Lines.41-42) Lines. 44<= Lines.42-43)
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According to the URGENT ORDINANCE 153/2020, corporate tax, micro tax and specific tax payers can benefit from tax reductions if they recapitalise between 2021 and 2025. These facilities can be effectively taken into account when declaring and paying the annual corporate tax, the micro tax for the fourth quarter and the specific tax for the second half of the year in the period 2022 – 2026.
If two or three of the reductions provided for in the ordinance are applicable, for determining the amount of the reduction, the corresponding percentages are added together and the resulting amount is applied to the tax. The percentage corresponding to the tax reduction shall be applied to the annual income tax of the year in which the conditions laid down in Article I, paragraph 1, are met. (1) of the mentioned emergency ordinance, and the amount of the resulting reduction is deducted from it.
In addition, it is established that, during the period in which URGENT ORDINANCE 153/2020 applies, the deadline for filing the annual corporate income tax return is 25 June of the following year (instead of 25 March, as usual). Please note that for companies with an amended tax year, the filing date is the 25th of the sixth month after the end of the amended tax year.
Thus, in the period 2022 – 2026, a single general deadline for filing and payment applies – 25 June.
The act also contains other adjustments to corporate tax reporting:
-in accordance with the provisions of Law no.296 /2020 for amending and supplementing Law no. 227/2015 on the Tax Code, in case a beneficiary of a sponsorship/private scholarship/matronage returns the respective amount to the taxpayer, according to the law, in a tax year different from the one in which the sponsorship/private scholarship/matronage was granted, the amount deducted for that sponsorship/private scholarship or patronage from the corporate income tax, in previous tax periods, within the limit provided by law, is added as a difference to the corporate income tax due in the year of the sponsorship/private scholarship/matronage return.
-according to Article 45 paragraph (7) of the Tax Code, taxpayers who, when determining the corporate income tax for the year 2020, deduct the purchase cost of the electronic fiscal cash registers purchased and put into operation in the years 2018 and 2019, according to Law no. 153/2020, for which they applied the provisions of Article 22 in the respective years, shall add to the tax due the amount of the exempt corporate income tax related to these machines.
Please note that the National Tax Administration Agency (ANAF) has made available, on 23 March 2022, the new electronic version of form 101, on its website, in the section “Electronic returns”/”Download returns”:
| Form name | Support program | Notes/ Documentation | |
| JAVA | |||
| 101- Income tax return according to OPANAF No. 423/17.03.2022. Valid for the end of the year of the period>=2021 published on 22.03.2022. | Soft A | Soft J* Actualised on 23.03.2022 | Anhang Validations scheme XSD Actualised on 23.03.2022 |
The form can thus already be used by corporate tax payers.
We remind you that the tax return 100 and its completion instructions have been adjusted to include micro or specific tax reductions according to the URGENT ORDINANCE 153/2020, through the publication of ANAF Order 237/2022 (Official Gazette no.178 of 23 February 2022).
Essentially, form 100 now has a new table line in box I (taxes and duties to be paid on a single account) in part B (data on tax debt). This is where the micro or specific tax reduction applied according to the URGENT ORDER 153/2020 is entered. ANAF has also amended, by the same order, the amending return 710 to include a special row of the table concerning the tax reduction applied according to the mentioned order (in part B – data on the tax claim).
ANAF has also published the updated electronic versions of the 100 and 710 returns.
Legal basis:
-www.anaf.ro;
-ANAF Order 237/2022 amending and supplementing ANAF Presidential Order no.587/2016 approving the model and content of the forms used for declaring taxes and duties with self-assessment or withholding tax;
-ANAF Order 423/2022 on the amendment of the Order of the President of the National Tax Administration Agency no.3386/2016 for the approval of the model and content of the forms 101 ”Declaration on corporate income tax” and 120 ”Excise tax declaration”.