Scenario:
A company issues an invoice to adjust the VAT base according to art. 287 letter d) of the Fiscal Code, due to the customer’s bankruptcy and deregistration from the Romanian Trade Register (ONRC). The question arises: must this invoice be submitted via the RO e-Factura system?
Answer:
According to art. 287(d) of the Fiscal Code, the taxable base is reduced if the value of delivered goods or services cannot be collected due to the customer’s bankruptcy. The adjustment is allowed from the date of the court ruling declaring bankruptcy and can be made within five years from January 1 of the following year.
Although the adjustment invoice is issued under art. 330 of the Fiscal Code, this does not qualify as a correction of an invoice sent via RO e-Factura, so art. 4 of GEO no. 120/2021 does not apply.
Furthermore, art. 330(2) states that the invoice issued under art. 287(d) is not transmitted to the beneficiary.
Therefore:
- The issuer is not required to submit the invoice via RO e-Factura;
- The adjustment invoice is issued on paper, with negative values, stating the customer’s tax ID, the court ruling number, and the original invoice;
- The bankrupt client is not treated as an electronic invoice recipient.
Tax and informative reporting:
- Tax-wise: the invoice value is reported negatively in the VAT return (form 300), line 16 – “Collected VAT adjustments”;
- Informatively: included in form 394, section D, with negative values.
As the invoice is not transmitted through RO e-Factura, discrepancies may appear between the VAT return and the prefilled declaration. In such cases, the taxpayer must provide a printed justification.