- Temporary taxation decision:
If the taxpayer/payer has not been informed about the completion of the verification of a tax period and a type of tax liability, he/she may request the issuance of the provisional tax assessment decision after the half of the legal period of the tax inspection.
The provisional tax assessment decision is a debt claim which becomes enforceable on the date of expiry of the payment deadline.
The provisions of this point are also applicable to tax inspections in progress on the date of entry into force of this Emergency Ordinance.
- Changes to anti-fraud control:
The anti-fraud control is carried out by the public officials of the General Directorate for Tax Fraud throughout the country, based on risk analysis. They are called anti-fraud control authorities .
The purpose of anti-fraud control is to prevent and combat tax fraud and evasion.
Tax fraud control authorities carry out operational control activities without informing the taxpayer/payer in advance of the control.
As an exception to the above provisions, tax fraud control authorities may carry out anti-fraud control without a risk analysis in the following cases:
- when, in the exercise of their duties, they find violations of tax legislation requiring immediate action;
- exceptionally, in order to carry out specific control actions for the purpose of preventing and combating tax fraud and/or tax evasion.
The taxpayer/taxpayer may not object to the selection procedure used to carry out the anti-fraud control.
It is important to mention that during the anti-fraud control, the taxpayer/payer has the following rights:
- to request the legitimacy of the anti-fraud control authorities carrying out the anti-fraud control action;
- to receive specialist assistance;
- to be informed during the anti-fraud control on the findings made;
- that his activity is as little affected as possible during the anti-fraud control;
- to receive written proof in the event of documents being withheld as a result of anti-fraud control activity.
At the end of the anti-fraud control, a control report shall be drawn up in accordance with the law. A copy of the control report shall be sent to the taxpayer/payer.
- Personal tax situation of the individual – verification:
To verify the personal tax situation of the individual, the following preliminary activities are carried out:
a) risk analysis by the structure at the level of ANAF’s central office in order to determine the risk of non-compliance of individuals in declaring taxable income. The risk related to an individual’s non-compliance in declaring taxable income is the significant difference between the estimated income in the risk analysis and the income declared by the individual and/or the payers for the same taxable period. The difference is significant if there is a difference of more than 10% of the declared income, but not less than RON 50,000, between the estimated income in the risk analysis and the income declared by the individual and/or the payer;
b) notification, in writing, to the individuals identified as tax risk according to letter a), prior to the selection for the verification of the personal tax situation, that they have the possibility to re-examine the personal tax situation, including the filing or correction of tax returns;
c) the selection of individuals to be subject to verification of their personal tax situation carried out at the level of the ANAF central office, according to the level of risk established. The level of risk is established on the basis of the risk analysis.
By exception to lit. c), individuals may be randomly selected for verification of personal tax situation. The terms and conditions under which the random selection is carried out shall be established by order of the President of ANAF. In a calendar year, the maximum percentage of randomly selected individuals may not exceed 10% of the total number of individuals selected for verification of personal tax situation in that year. Exceeding the percentage of 10% is a disciplinary offence, and the head of the personal tax verification structure is obliged to take measures to sanction the guilty individuals.
This provision comes into force on 1 January 2026.
Changes to documentary verification:
Documentary verification is carried out by tax inspection authorities , tax fraud control authorities and tax authorities competent to carry out verification of the personal tax situation.
The anti-fraud tax control authorities are competent to carry out documentary verification throughout the country.
Documentary verification is carried out within the limitation period of the right to establish tax claims.
The determination of the periods that are subject to documentary verification is made by the competent tax body according to the identified tax risk. Certain periods within one or more taxable periods may be subject to documentary verification.
The transactions and documents subject to documentary verification shall be selected by the tax authority responsible for carrying out the control. One or more transactions carried out in a given period may be subject to documentary verification, as appropriate.
Indirect methods of determining income are used in the framework of the documentary verification carried out by the tax authorities competent to verify the personal tax situation.
If, as a result of the documentary verification, the tax authority finds differences from the tax claims, taxable income or assets and/or information related thereto declared by the taxpayer/payer, it shall inform the taxpayer/payer of the findings. Together with the notification, the tax authority requests the documents and written explanations that the taxpayer/payer must submit in order to clarify the tax situation.
If the requested documents have not been submitted by the taxpayer/payer within 30 days from the notification or the submitted documents confirm the differences identified by the tax authority and/or are incorrect or incomplete, the tax authority shall establish the differences in tax claims due by issuing a tax assessment decision or order the necessary measures to comply with the legal provisions, as appropriate. At the taxpayer’s/payer’s request, for duly justified reasons, the tax authority may approve an extension of the deadline for submitting the documents.
A tax assessment decision issued without a hearing of the taxpayer/payer is void unless the taxpayer/payer notifies the tax authority in writing that he/she waives the hearing.
Legal basis:
– Fiscal Procedure Code (approved by Law no. 207/2015, published in MO no. 547 of 23.07.2015), with subsequent changes and additions;
– Emergency Ordinance 188/2022 for the amendment and completion of Law no. 207/2015 on the Fiscal Procedure Code and for the amendment of the Government’s Emergency Ordinance no. 74/2013 regarding some measures to improve and reorganize the activity of the National Agency for Fiscal Administration, as well as to modify and supplement some normative acts.