Starting with May, 2024, companies must use a new model of the 112 form, after the National Tax Administration Agency updated the model form and its filling instructions. The other major tax declarations – such as the VAT statement or the 101 form, through which companies report their profit tax – have not escaped updates recently, as the tax authorities intervened with specific legislative changes on them as well.

ANAF order no. 723/2024 modifies Form 112, used by employers to declare salary taxes. The declaration has been updated to reflect several novelties introduced in recent months in the tax legislation, especially through GEO 115/2023.

The new form must be used to declare the incomes made starting from April, the deadline for declaring these obligations is May 27, 2024.

ANAF also published the updated electronic version of the declaration on May 15, so employers can already start completing and submitting it. The new form is available here.

The changes made to the form are punctual and technical, the sections being affected by the updates: Nomenclature “Tax receivables”, Annex Insured or Nomenclature “Type Insured”, as well as the instructions for completing them.

Among other things, the 112 return now allows the reporting of new types of non-taxable income that employees can receive from their employers. We remind you that GEO no. 115/2023 established that in the structure of the monthly ceiling of extra-salary benefits of 33% that employers can grant without paying income tax and social contributions, two other new categories of benefits were included, starting from January 2024: amounts up to in 1,500 lei settled for employees with children placed in early education units, as well as the favourable difference between the preferential interest rate established through negotiation and the interest rate charged on the market, for loans and deposits.

Also, form 112 has been updated so that employers can still declare in it the 200 non-taxable lei to which employees paid the minimum wage are entitled – this benefit was extended by GEO no. 115/2023 so that it applies throughout 2024, under approximately the same conditions as in 2023.

Moreover, a new field has been introduced in the single declaration, which taxpayers are required to tick when submitting an amendment to 112 as a result of a compliance notice they received from the tax authorities.

Authorities use compliance notices to flag identified tax issues to taxpayers, requiring tax returns to be rectified before being selected for tax inspection. These notifications, regulated by the Fiscal Procedure Code and introduced by GEO 188/2022, are intended to improve the voluntary compliance of taxpayers, and by introducing this separate mark in the single declaration, the authorities want to distinctly monitor the corrections that employers make in the declaration salary taxes as a result of these notifications.

The tax administration authority has instituted a similar approach for the other major tax returns submitted by Romanian companies. By Order no. 779/2024, already in force, ANAF has introduced special boxes, through which the rectifications declared by companies as a result of compliance notifications, and in forms 101 (profit tax), 300 (VAT statement), but and in other forms in the scope of VAT reporting (301 – special VAT statement, 307 – declaration for the amounts from adjustment/correction of adjustments/regularization of VAT or 311 – form for reporting VAT collected in the case of those with a canceled tax code).

The same required field now also appears on the 710 form, the only return that can correct self-assessment or withholding taxes (those declared on the 100 forms).

Article published in Business-Mark.ro