On Thursday, December 5, 2024, Emergency Ordinance no. 138/04.12.2024 was published in the Official Gazette no. 1222, introducing clarifications and amendments to RO e-Invoice, RO e-VAT, and RO e-Transport, as well as changes to the Fiscal Code and the Accounting Law. Here are some of the most significant aspects:

RO e-Invoice

• Invoices for intra-community deliveries to Romanian legal entities that have provided a VAT code from another member state are exempted from submission in the system.

• Simplified invoices must be submitted in the system, except for fiscal receipts issued by electronic fiscal cash registers that meet the conditions of a simplified invoice.

• Any delivery or service to a recipient without a tax identification code will be considered B2C.

• Deliveries or services to individuals without a tax identification code or identified by their Personal Numeric Code (CNP) will have a code of 13 zeros recorded.

• The obligation to submit invoices issued for holiday vouchers to their holders by affiliated units is repealed.

RO e-VAT

The period during which the Conformity Notification for RO e-VAT will not take effect has been extended until July 1, 2025. Starting on this date, the Notification will be considered in determining fiscal risk indicators.

RO e-Transport

The sanctioning of economic operators with Authorized Economic Operator (AEO) status is postponed to March 31, 2025, and will apply only to violations committed from that date forward.

Corporate Income Tax

Article 402, paragraph 71, has been rephrased to clarify how to calculate excessive borrowing costs.

Additional Tax for Credit Institutions and Entities in the Oil and Gas Sector

Entities subject to these provisions, specifically those liable for the additional tax, will be exempt from calculating and applying the Minimum Turnover Tax (IMCA) during the period when the additional tax is in effect.

Microenterprise Tax

The tax base will exclude income derived from agricultural land exchanges located outside urban areas, aimed at consolidating land for agricultural activities without monetary compensation.

Personal Income Tax

It is clarified that income received as a result of transfer by deeds in case of death of factual possession noted by the author of the succession in the land register is not taxable.

Accounting Law

Public institutions will be required to keep quarterly and annual financial statements for 10 years.

Fixed dates have been established for submitting annual financial statements: instead of 150 days from the end of the financial year, the new deadline will be May 31 of the following year and instead of 120 days from the end of the financial year, the new deadline will be April 30 of the following year.

Entities with a financial year different from the calendar year will retain the submission deadlines calculated based on the number of days.