Situation:
The company ABC SRL, subject to VAT and corporate income tax, issues annual/half-yearly/quarterly bonus invoices to its clients. The bonuses are calculated as a percentage of the turnover achieved during the respective period.
Key issue: considering the VAT rate increase from 19% to 21%, which rate applies for:
- the Q3 bonus (January–September 2025),
- the monthly bonus for July 2025?
Applicable legal framework:
- According to Article 291 (4) of the Fiscal Code, the applicable VAT rate is the one in force at the time the taxable event occurs.
- The taxable event arises at the moment of supply of goods or services (Article 281 (1)).
- Post-supply discounts (bonuses, rebates) are regulated by Article 287(c), which provides for a reduction of the taxable base when discounts are granted after delivery.
- In this case, the VAT rate must be the same as the one applicable to the original supply.
Practical implications:
- For supplies made before 1 August 2025, the former rate (9% or 19%, as applicable) applies, even if the discount invoice is issued later.
- Discount invoices are reported in VAT return D300, line 34 – adjustments, according to OMFP 632/2021 and Article 282 (9).
- VAT rates must mirror those of the initial transactions.
Conclusion:
- For bonuses related to supplies made in January–July 2025 → apply 19% VAT.
- For bonuses related to supplies made in August–September 2025 → apply 21% VAT.
- For bonuses covering the entire year 2025 → apply differentiated VAT rates: 19% until July, 21% thereafter.