The Romanian National Agency for Fiscal Administration (ANAF) has launched a public consultation on a draft order regulating the Procedure for Sending Alert Notifications. This initiative implements the provisions of Law no. 216/2022, which amends Law no. 85/2014 on Insolvency, by introducing an early warning mechanism for professional debtors.
Purpose and Functionality
The system is designed to:
- Monitor non-compliance with fiscal obligations to major budgets:
- State budget
- Social security budget (pensions)
- Unemployment insurance budget
- Alert professional debtors to critical situations that could lead to financial difficulties or insolvency.
- Enable preventive action, including debt restructuring or access to fiscal facilities (e.g., installment plans).
Notifications are sent through the Virtual Private Space (SPV) and include information about outstanding obligations as well as available support instruments: mediation, payment deferrals, restructuring agreements, preventive concordats, and other fiscal assistance services.
Professional Debtors and Deadlines
- Notifications target professional debtors, legally defined and including various categories of corporate taxpayers.
- Communication deadlines:
- One notification upon reaching 40,000 RON in outstanding obligations;
- Subsequently, biannual notifications (every 6 months) until full payment or reduction of obligations below 40,000 RON.
Benefits for the Business Environment
- Transforms the relationship with the tax authority from bureaucratic to preventive alert system.
- Enables entrepreneurs to make quick managerial decisions to maintain economic viability.
- Provides access to mediation, restructuring, advisory, and other legal and fiscal support tools.
Through this measure, ANAF introduces a digitalized insolvency prevention system, focused on proactivity and the financial safety of companies.