New reporting obligations in e-Transport have entered into force. Local companies must also obtain UIT codes for international non-transfers23 May 2024

The authorities have again modified the legal operating framework of the national e-Transport system, this time through an already applicable emergency ordinance. The normative act expands, among other things, the list of taxpayers obliged to make reports in e-Transport, establishing declaration rules for international shipments of goods that fall under the scope of non-transfers and stocks at the customer’s disposal. New operations exempt from reporting in the system are also introduced, as well as additional clarifications related to the application of the sanctioning regime related to e-Transport.
The changes were made by GEO no. 43/2024, in force from April 30, which regulates new categories of taxpayers who have e-Transport reporting obligations for international road transport of goods.
Thus, for commercial operations representing a non-transfer, the reporting obligation falls on:
• service providers in Romania, both for the goods unloaded for the provision of services, and for the resulting goods reshipped to the state of the commercial partner;
• beneficiaries from Romania, both for the goods sent for the purpose of providing services in the EU, and for the goods re-shipped to Romania;
Also, likewise in the case of international transport of goods, for operations that subscribe to the regime of stocks at the customer’s disposal, the reporting obligation falls on:
• customers from Romania, in the situation where Romania is the member state to which the goods were shipped or transported both for the goods unloaded on the territory of Romania and for the goods delivered at a later stage after arrival, to another taxable person in Romania or in if those goods are returned to the Member State from which they were originally dispatched or transported;
• suppliers from Romania, in the situation where Romania is the member state from which the goods were shipped or transported, both for the goods shipped from Romania, and in the case that the respective goods are returned to Romania.
The same normative act also establishes two new types of operations exempt from reporting: the transport of excisable products for which the EMCS system is used, as well as the transport of postal parcels with a maximum weight of 31.5 kg and containing goods with or without value commercial, made by the authorized providers of such services.
In addition, the Ordinance also brings a series of specific clarifications regarding the application of sanctions related to e-Transport.
More precisely, the authorities have clarified, through an express provision, that the fines for not reporting the international transport of goods, which will be between 20,000 and 100,000 lei, will apply only to the facts committed and ascertained starting from July 1, 2024.
Additionally, the normative act slightly relaxes the regime of complementary sanctions that apply to transports without UIT codes, establishing that the sanction of confiscation of goods is no longer imposed if the respective goods have been correctly and completely recorded in the taxpayer’s accounting records.
Article published in TaxNews.ro