AMENDMENT TO D101 “CORPORATION TAX RETURN”

In the Official Gazette no. 273 of 22 March 2022 was published OPANAF no.423/2022 on the amendment of OPANAF no.3386/2016 for the approval of the model and content of Forms 101 – “Income tax return” and 120 – “Excise tax declaration”.

We mention that in the Reference for the approval of the normative act, the initiators mention that, according to the URGENT ORDINANCE no.153/2020 for the establishment of some fiscal measures to stimulate the maintenance/increase of own capital, as well as for the completion of some normative acts, the taxpayers liable for corporate income tax benefit from annual corporate income tax reductions, for the period 2021-2025, with the exception of taxpayers for whom the accounting regulations are issued by the National Bank of Romania, respectively by ASF.

If two or three of the reductions provided for in the ordinance are applicable, the corresponding percentages are added together to determine the amount of the reduction and the resulting amount is applied to the tax. The document specifies that the percentage corresponding to the tax reduction is applied to the annual corporate income tax of the year in which the conditions provided for in Article I paragraph (1) of the URGENT ORDINANCE no.153/2020 are met, and the resulting reduction is subtracted from it.

During the period of application of the tax reduction, by way of derogation from the provisions of Articles 41 and 42 of the Tax Code, the deadline for submitting the annual declaration on corporate income tax for the tax year in question shall be up to and including 25 June of the following year, and for taxpayers falling under the provisions of Article 16 paragraph (5) of the Tax Code up to and including the 25th of the sixth month following the end of the amended tax year.

In addition, in accordance with the provisions of Law no.296 /2020 for the modification and completion of 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 income tax in previous tax periods, to the extent provided by law, shall be added as a difference to the 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 tax counting machines purchased and put into operation in the years 2018 and 2019, according to the Law no.153/2020, for which they applied the provisions of Article 22 in the respective years, 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 22 March 2022, the new electronic version of Form 101, on its website, in the section “Electronic returns”/”Download returns”:

Please note that the last update of D101 was invoiced today, 24 March 2022 (version A6.0.0.).

Thus, the form can already be used by corporate tax payers