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Law No. 345 From 1 June 2002 (Republished) Concerning Value Added Tax)

Original Language Title:  LEGE nr. 345 din 1 iunie 2002 (*republicată*) privind taxa pe valoarea adăugată*)

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LEGE no. 345 345 of 1 June 2002 (* republished *) on value added tax *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 653 653 of 15 September 2003



----------------- Note * *) Republicated pursuant to art. XIV lit. e) of Government Ordinance no. 36/2003 on the correlation of some provisions of the financial and fiscal legislation, published in the Official Gazette of Romania, Part I, no. 68 of 2 February 2003, approved with amendments and additions by Law no. 232/2003 , published in the Official Gazette of Romania, Part I, no. 373 of 31 May 2003, giving the texts a new numbering. Law no. 345/2002 was published in the Official Gazette of Romania, Part I, no. 371 371 of 1 June 2002. + Chapter I Scope of application + Section 1 Taxable transactions + Article 1 (1) Value added tax is an indirect tax that is due to the state budget. This law lays down the rules on value added tax. (. The following conditions shall be included in the scope of the value-added tax that meet the following conditions: a) to constitute a supply of goods, a provision of services made with payment or an operation assimilated to them; b) to be carried out by taxable persons, as defined in art. 2 2 para. ((1); c) to result from one of the economic activities referred to in art. 2 2 para. ((2). (3) The payment transactions shall mean that there is a direct link between the operation carried out and the counterparty obtained. (4) The imports of goods shall also be included in the scope of the value-added tax. + Article 2 (1) For the purposes of this law, by taxable person means any person, regardless of his legal status, who performs in an independent manner economic activities of the nature of those provided in par. (2), whatever the purpose and outcome of these activities. (2) The economic activities referred to in par. (1) are the activities of producers, traders, service providers, including extractive, agricultural activities and those of free or assimilated professions. It also constitutes economic activity the exploitation of tangible or intangible assets for the purpose of obtaining income. (3) For the purposes of this law, employees or any other persons who are related to an employer by an individual employment contract or by any other legal instruments establishing the relationship shall not act in an independent manner. employee-employee in terms of working conditions, remuneration and responsibilities of the employer. (4) Public institutions shall not be considered taxable persons for their administrative, social, educational, cultural, sports, public order, defence and state security activities, which they carry out as public authorities, even if for carrying out these activities they charge fees, royalties, dues or fees. (5) Public institutions shall be considered taxable persons for the operations carried out, including those provided in par. (4), in cases where their treatment as non-taxable persons for these operations leads to competitive distortions. Public institutions shall be considered taxable persons for the activities referred to in the Annex which forms an integral part of this Law. + Article 3 (1) The delivery of goods means the transfer of ownership of the property owned by the owner to the beneficiary, directly or through the persons acting on their behalf. (2) For the purposes of this law, by goods referred to in par. ((1) is understood: a) movable tangible goods, such as: raw materials, materials, inventory items, fixed assets that may be detached; b) immovable property, such as: dwellings, industrial, commercial, agricultural constructions or those intended for other activities, agricultural land, land for construction and those adjacent to constructions, including those related to localities urban or rural on which construction or other facilities are located; c) goods of a movable nature which cannot be detached without being damaged or without causing damage to the buildings themselves or which become real estate by destination; d) electricity and heat, gas, refrigerant. (3) They are considered deliveries of goods in the meaning of para. ((1): a) sale of goods with payment in installments; b) the transition into the public domain of goods of the patrimony of taxable persons, under the conditions provided by the legislation on public property and its legal regime, in exchange for compensation; c) transfer of ownership of the goods following forced execution. (4) It is assimilated to supplies of goods the taking over by taxable persons of goods purchased or manufactured by them for use for purposes not related to the economic activity carried out or to be put to the provision of other natural or legal persons free of charge, if the value added tax on those goods or their component parts has been deducted in whole or in part. The goods granted free of charge, within the limits and according to the destinations provided by law, shall be exempted from these provisions. ((. The operations relating to the exchange of goods shall have the effect of two separate deliveries. In case of transfer of ownership of a good by two or more taxable persons, by means of several transactions, each transaction is considered a separate delivery, being taxed distinctly, even if the good is transferred directly to the final beneficiary. The same regime applies to the exchange of goods with services. (6) The total or partial transfer of the assets and liabilities of a taxable person, paid or free of charge, made on the occasion of the operations of merger and division of companies, shall not be considered as a delivery of goods. (7) It is not considered the supply of goods the contribution in kind to the share capital of a company, if the beneficiary is a taxable person who has the right to deduct the value added tax totally, if the tax would be applicable to In this case the beneficiary shall be deemed to be the successor of the transferee. If the beneficiary is a taxable person who does not have the right to deduct the value added tax or has the right to partially deduct, according to art. 23 23, the operation shall be considered as supply of goods, if the value-added tax on those goods or their component parts has been deducted in whole or in part. + Article 4 (1) Any activity that does not constitute a supply of goods within the meaning of art. 3. Such operations may be: a) any physical or intellectual work; b) construction-assembly works; c) transport of persons and goods; d) mail and telecommunications services, radio and TV broadcasts; e) the rental, lease and concession of movable or immovable property; f) intermediation or commission operations; g) repairs of any kind; h) disposals and concessions of copyright, patents, licenses, factory and trade marks, participation titles and other similar rights; i) advertising services; j) banking, financial, insurance and/or reinsurance operations; k) making available of staff; l) mandating; m) insurance or disposal of a customer, exclusivity on a sale or purchase; n) the commitment not to exercise an economic activity or a right of those mentioned in lett. h); o) arrangement of parking, storage and camping spaces; p) hotel and food activities; r) ensuring access to communication networks and the possibility of using them; s) benefits of advisers, engineers, lawyers, public notaries, bailiffs, auditors, accountants, study offices and other similar benefits, as well as data processing and provision of information; t) leasing operations. (2) The performance of some services, according to an order issued by/or on behalf of a public authority or according to the law, shall be considered a provision of services within the meaning of paragraph ((1). (. The following operations shall be treated as services: a) the use of goods belonging to the assets of the taxable person for purposes other than those related to his economic activity or to be made available, for free use, to other natural or legal persons, if the tax the added value of these goods has been deducted in whole or in part; b) the provision of services made free of charge by the taxable person for purposes other than those related to his economic activity, for the personal use of his or other employees, if the value added tax related to these The provision was deducted in whole or in part. (4) The use of goods and services referred to in par. ((3), carried out within the limits and according to the destinations provided by law. (5) The exchange of services has the effect of two separate benefits, each of which is subject to taxation. In the case of the provision of a service by several taxable persons, by successive transactions, each transaction shall be considered a separate provision and shall be taxed distinctly, even if that service is provided directly to the beneficiary Final. (6) The taxable person acting on his own behalf, but on behalf of another person, taking part in the provision of services, shall be deemed to have received and provided those services themselves. + Article 5 The import of goods means the introduction into the country of goods originating from abroad by any person, regardless of their legal status, directly or through intermediaries, placed under customs import arrangements or in suspensive customs regimes. + Section 2 Place of taxable transactions + Article 6 (1) The place of a supply of goods is considered to be in Romania when, according to the provisions of par. (2) and (3), is located on the territory of Romania. (2) The place of delivery shall be deemed to be a) the place where the shipment of the goods or the transport to the beneficiary started, whether the goods are dispatched or transported by the supplier, the beneficiary or third parties; b) the place where the goods are found when the delivery takes place, if the goods are not dispatched or transported. (3) By way of derogation from the provisions of paragraph ((2) lit. a), place of delivery of goods for the importer defined in art. 13 13 para. (1) is considered to be located in Romania if the place where the expedition started or the transport is located outside Romania, but the final destination is in Romania. (4) Supplies and imports of goods for which the place of operation is considered to be in Romania shall be subject to the taxation regimes provided for in this Law. + Article 7 (1) The place of supply of services is considered to be in Romania when the provider has established in Romania the headquarters of the economic activity or a stable headquarters from which the services are provided or, in the absence of such a headquarters, domicile or residence the usual, with the following exceptions for which the place of supply is: a) the place where the goods of the real estate are located, for the construction-assembly works executed for the realization, repair and maintenance of immovable property, regardless of the place where the provider's premises is located-in the country or in Abroad. The same regime applies to the rental of real estate, leasing operations having as object the use of immovable property, architectural services, design, coordination of construction works, as well as services provided by other taxable persons registered as payers of value added tax with activity in the field of immovable property-studies, surveys, repairs and other supplies of real estate agents; b) the place of departure of the transport of goods or persons, respectively the place of arrival of the transport related to imported goods: 1. for the transport of goods or persons, the place of supply is considered to be in Romania, if the place of departure of the transport is in Romania, regardless of whether the place of arrival of the transport is in Romania or abroad; 2. for the transport of goods with the place of departure abroad, the place of supply is considered to be in Romania, if the place of arrival of the transport is located in Romania; c) the place where the beneficiary has established the headquarters of the activity or, in the absence thereof, In this category fall: 1. rental of tangible movable property; 2. leasing operations having as object the use of movable goods; 3. the disposals and/or concessions of copyright, patents, licenses, factory and trade marks and other similar rights; 4. advertising services; 5. services of consultants, engineers, study offices, lawyers, accountants and other similar services; 6. data processing, provision of information; 7. banking, financial, insurance and/or reinsurance operations; 8. making available of staff; 9. Telecommunications. Services shall be regarded as telecommunications services for the purpose of transmitting, issuing and receiving signals, documents, images and sounds or information of any kind by wire, radio, optical or other electromagnetic means, including the disposal of the right to use the means for such transmissions, issuers or receptions. Telecommunications services also include the provision of access to global information networks; 10. broadcasting and television services; 11. electronically supplied services. They are considered electronically supplied services: the provision and design of computer sites, remote maintenance of programs and equipment, the provision of computer programs and their maintenance, the provision of images, of texts and information and the making available of the database, the provision of music, movies and games, including gambling or money, and political, cultural, artistic, sports, scientific, entertainment and political broadcasts or events other similar services. When the service provider and its customer communicate by electronic courier, it does not mean in itself that the service provided is an electronic service; 12. the supplies of intermediaries intervening in the provision of the services provided for in point 1-11 1-11; d) the place where the services are actually performed; in this category the following activities are included: 1. cultural, artistic, sports, scientific, educational, entertainment or similar, including the services of accessories and those of the organizers of such activities; 2. supplies of transport accessories, such as: loading-unloading of means of transport, handling, security and/or storage of goods and other similar services; 3. surveys on tangible movable property; 4. works carried out on tangible movable property. (2) The services for which the place of supply is considered to be in Romania shall be subject to the tax regimes provided for in this Law. + Section 3 Tax regimes + Article 8 (. The taxable operations covered by the scope of the value-added tax shall be classified, from the point of view of the tax system, as follows: a) taxable transactions, to which the standard rate of value added tax is applied; the standard rate is established by this law; b) operations exempt from value added tax with the right of deduction, for which suppliers and/or providers have the right to deduct the value added tax related to the goods and/or services purchased, intended to carry out the operations respective; in this law these operations are provided in art. 11 11 para. ((1) and in art. 12 12; c) operations exempt from value added tax without right of deduction, for which suppliers/providers are not entitled to deduct value added tax related to goods and/or services purchased, intended to carry out operations respective; in this law these operations are provided in art. 9 9; d) import operations exempt from value added tax; in this law these operations are provided in art. 10. (2) Operatives exempt from value added tax are regulated by law and their extension by analogy is not allowed. (3) The operations exempt from the payment of value added tax by other normative acts than by this law shall be considered exempt operations without right of deduction if the respective normative acts do not expressly provide for the possibility suppliers/suppliers to exercise the right to deduct. (4) The operations carried out in the free zones shall be subject to the taxation regimes and to the rules provided for in this Law. (5) From the date of entry into force of this law, the operations to which, by other normative acts in force, it is stipulated to apply the zero rate of value added tax shall be considered exempt operations with the right of deduction. (6) It is prohibited to use the notion "zero quota" in the normative acts that will be elaborated after the entry into force of this law. + Section 4 Exempted operations + Article 9 (. The following activities of general interest shall be exempt from value added tax: a) hospitalization, medical care, including veterinary care, and operations closely related to them, carried out by units authorized for such activities, regardless of the form of organization and the holder of the property right, respectively: hospitals, sanatoriums, rural or urban health centres, dispensaries, offices and medical laboratories, nursing and diagnostic centres, rescue stations and other establishments authorised to carry out such activities as well as canteens organized by these units. Accommodation, meals and treatment services rendered cumulatively by authorized taxable persons operating in spa resorts and whose consideration is settled on the basis of ticket tickets are also exempt. treatment, as well as funeral services provided by health facilities; b) the provision of services performed within their profession by dental technicians, as well as the delivery of dental prostheses performed by dentists and dental technicians, regardless of the form of organization and the holder of the right property; c) care and home supervision benefits of persons, carried out by staff specialized in the exercise of medical and paramedic professions; d) deliveries of organs, blood and human milk; e) the educational activity provided for in art. 15 15 para. (5) of the Education Law no. 84/1995 , republished, as amended, carried out by the units authorized by the Ministry of Education, Research and Youth and which are included in the national education system, as well as their purchase of technical documentation and building materials for state and private education, as well as equipment, machinery, publications and facilities for the teaching process. The canteens organized in addition to the units included in the national education system authorized by the Ministry of Education, Research and Youth are also exempt; f) supplies of services and supplies of goods closely related to social assistance and protection, carried out by public institutions, institutions of public interest or other bodies recognized as having a social character; g) supplies of services and supplies of goods closely related to the protection of children and young people, carried out by public institutions, institutions of public interest or other bodies recognized as having a social character; h) supplies of services and supplies of goods supplied to members in their collective interest, in exchange for a contribution fixed according to the statute, by organizations without patrimonial purpose that have objectives of a political, trade union, religious nature, patriotic, philosophical, philanthropic or civic, given that this exemption does not cause distortions of competition; i) services related to the practice of sport or physical education provided by organizations without patrimonial purpose for the benefit of people who practice sport or physical education; j) supplies of cultural services and supplies of goods directly related to them, carried out by public institutions; k) service supplies and supplies of goods carried out by units whose operations are exempt, according to lit. a) and lit. e)-j), on the occasion of the events intended to provide them with financial support and organised in their exclusive profits, provided that these exemptions do not produce competitive distortions; l) the realization and dissemination of radio and television programs, with the exception of advertising; m) the sale of films or licenses of films intended for television broadcasting, with the exception of advertising; n) transport of sick or injured with specially arranged and authorized vehicles in this regard. ((2) Other operations exempt from value added tax: a) R & D and innovation activities for the implementation of programs, sub-programs and projects, as well as actions contained in the National Plan for Research and Development and Innovation in Core Programmes and in Sector Plans, provided by Government Ordinance no. 57/2002 on scientific research and technological development *). Research and development and innovation activities funded in international, regional and bilateral partnership are also exempt; b) supplies of goods and/or services performed by individual agricultural producers; c) the following banking and financial operations: 1. the granting of loans, including the granting of loans by associations/shareholders of companies in order to ensure the financial resources of the company, as well as the granting of loans by any natural or legal person, in the conditions provided in art. 100 100 of Title VI-Legal regime of collateral securities-from Law no. 99/1999 on certain measures to accelerate economic reform, as amended; 2. operations referred to in art. 8 8 of the Banking Law no. 58/1998 , with subsequent amendments and completions, made by Romanian legal entities, branches in Romania of foreign legal entities, international financial-banking bodies, savings banks, mutual aid houses, credit unions and other credit institutions, foreign exchange offices, as well as other legal entities authorised to carry out banking activities, with the exception of the following operations: financial leasing operations, rental of cassette tapes safety, transactions on own account or in the account of customers with precious metals, objects made of these and/or precious stones, feasibility studies expertise, consultancy, heritage assessments; 3. the specific operations carried out by the National Bank of Romania, expressly regulated by Law no. 101/1998 on the Statute of the National Bank of Romania, as amended and supplemented. Purchases of gold, silver, other metals and precious stones, carried out by the National Bank of Romania from taxable persons registered as payers of value added tax, are not exempt from value added tax; 4. financial investment operations, financial intermediation, securities and derivatives, as well as other financial instruments; 5. intermediation in the securities placement and the provision of services related to it; d) the management of joint investment funds and common debt funds made by the Deposit Guarantee Fund in the banking system, the Romanian Credit Guarantee Fund for Private Enterprises-S.A., the Guarantee Fund Credit Rural-S.A., National Credit Guarantee Fund for Small and Medium Enterprises-S.A., as well as other bodies set up for this purpose; e) insurance and reinsurance operations, as well as the provision of services related to such operations carried out by intermediaries in insurance operations; f) activities of organization and exploitation of gambling, carried out by the National Company "Romanian Lottery"-S.A. and taxpayers authorized by the Commission for coordination, endorsement and attestation of gambling; g) supplies of goods and/or services carried out with inmates by units in the prison system; h) construction, design, repair and maintenance works carried out for commemorative monuments of combatants, heroes, war victims and the Revolution of December 1989, as well as for museums, memorial houses, historical monuments and of architecture; i) receipts from the entrance fees to castles, museums, fairs and exhibitions, zoos and botanicals, libraries, as well as operations that fall within the scope of the tax on performances; j) editing, printing and/or sale of school textbooks and/or books, exclusively advertising activity; k) deliveries of prostheses of any kind, their accessories, as well as of orthopedic products; l) river transport of locals in the Danube Delta and on the relations of Orsova-Moldova Noua, Braila-Harsova, Galati Grindu; m) valorization of objects and garments of worship, printing of books of worship, theological or with church content, necessary for the practice of worship, as well as those assimilated to objects of worship, according to art. 1 1 of Law no. 103/1992 on the exclusive right of religious cults for the production of cult objects, as amended; n) transfer of the ownership of the goods to the Authority for the valorisation of Banking Assets, as a result of the payment for the payment of the debtor's payment obligation, in whole or in part, according to the provisions art. 26 26 para. (2) of Government Emergency Ordinance no. 51/1998 on the use of bank assets, approved and amended by Law no. 409/2001 ,, with subsequent amendments and completions * *); o) the lease, concession and rental of immovable property, with the following exceptions: 1. accommodation operations that are carried out within the hotel sector or sectors with similar function, including the rental of land arranged for camping; 2. rental of sites for parking vehicles; 3. rental of machinery and machinery fixed in immovable property; 4. rental of safes. (3) The activities of taxable persons with incomes from taxable operations declared or, as the case may be, made annually, are exempt from the value added tax, up to 1.5 billion lei inclusive. the tax ceiling of 1.5 billion lei during a fiscal year, taxable persons have the obligation to request registration as payers of value added tax, in accordance with the legal provisions in force. After registering as payers of value added tax the respective taxable persons no longer benefit from the exemption even if they subsequently realize incomes lower than the ceiling of 1.5 billion lei. Taxable persons registered as payers of value added tax, who in 2001 made income from taxable operations under the ceiling of 1.5 billion lei, can request the removal from the record as payers of value added tax, under the conditions laid down by the implementing rules of this Law. (4) The tax ceiling of 1.5 billion lei established in par. ((3) is valid for fiscal year 2002. From January 1 to December 31, 2003 the tax ceiling is set at the amount of 1.7 billion lei, and from January 1, 2004 and further the tax ceiling is set at 2 billion lei. (5) The supplies of goods which were intended exclusively for the carrying out of operations exempted under this Article shall be exempt from value added tax if the value added tax on those goods has not been deducted. (6) Taxable persons may choose to pay the value added tax in the case of: a) the operations of lease, concession and rental of real estate, provided in par. ((2) lit. o), under the conditions established by the law enforcement rules; b) the operations provided in par. ((3). ----------- Note * *) Government Ordinance no. 57/2002 has been approved with amendments and additions by Law no. 324/2003 , published in the Official Gazette of Romania, Part I, no. 514 514 of 16 July 2003. Note ** **) Government Emergency Ordinance no. 51/1998 was republished in the Official Gazette of Romania, Part I, no. 948 948 of 24 December 2002. + Article 10 They are exempt from value added tax: a) imported goods intended for sale on a duty-free basis, as well as through shops for the exclusive service of diplomatic representations and their staff; b) goods introduced in the country by travellers or other individuals residing in the country or abroad, under the conditions and within the limits established by Government decision, according to the customs procedure applicable to individuals; c) repairs and transformations to Romanian ships and aircraft abroad, as well as fuels and other goods, supplied from abroad, intended for use on ships and/or aircraft; d) import of goods whose delivery is exempt from value added tax within the country. The same regime applies for services performed by providers with headquarters or domicile abroad, for which the place of supply is considered to be in Romania, according to the provisions of art. 7 7; e) licenses of films and programs, transmission rights, subscriptions to external news agencies and others of this nature, intended for radio and television activity; f) import of goods received free of charge as aid or donations intended for purposes of humanitarian, social, philanthropic, religious, health, cultural, artistic, educational, scientific, sports, protection and improvement of the environment, protection and preservation of historical and architectural monuments and imports of goods directly financed from non-reimbursable loans granted to Romania by international bodies, foreign governments and/or non-profit organizations and of charity, under conditions established by the rules for the application of this law; g) import of the following goods: samples without commercial value, advertising and documentation materials, goods of Romanian origin, foreign goods which, according to the law, become state property, goods repaired abroad or goods which replace the inadequate quality, returned to the external partners during the warranty period, the goods returning to the country as a result of erroneous dispatch, the environmental protection equipment established by decision of the Government; h) import of goods carried out in Romania by the forces of NATO member states for the use of these forces or of accompanying civilian personnel or for the supply of their poems or canteens, if these forces are intended for effort Common defense. + Article 11 (1) They are exempt from value added tax: a) export of goods, transport and services related directly to the export of goods, goods sold through duty-free shops, as well as shops located in international airports after the places established for carrying out customs control when leaving the country; b) international transport of persons in and abroad, as well as the provision of services related directly to him; c) freight and passenger transport, in and from ports and airports in Romania, with Romanian-flagged ships and aircraft, ordered by beneficiaries from abroad; d) the passage of means of transport of goods and passengers by means of specialized river transport, between Romania and neighboring states; e) transport, supplies of services accessories to transport, as well as other services related to imported goods and whose value is included in the tax base according to art. 19 19 para. ((1) and (2); f) supplies of goods intended for use on ships and aircraft or incorporation in ships and aircraft, providing international transport of persons and goods; g) the provision of services for the direct needs of ships and aircraft carrying out international transport of persons and goods, and for their cargo; h) repairs to the means of transport contracted with beneficiaries from abroad; i) other services performed by taxable persons based in Romania, contracted with beneficiaries from abroad, under the conditions provided by the norms for the application of this law; j) the provision of services for ships owned by navigation companies operating in the special maritime regime or operated by them, as well as deliveries of vessels in their entirety to these companies; k) supplies of goods and services in direct favour of diplomatic missions and consular offices, as well as their personnel, on the basis of reciprocity; supplies of goods and services in direct favour of international intergovernmental representations accredited in Romania, as well as their personnel; l) goods purchased from exhibitions organized in Romania, as well as from the commercial network, shipped or transported abroad by the buyer who has no domicile or headquarters in Romania; m) supplies of goods and services financed from grants or non-reimbursable loans granted by foreign governments, international bodies and non-profit and charitable organizations abroad and in the country, including donations of natural persons; n) construction, extension, rehabilitation and consolidation of religious places of worship; o) deliveries of machinery, equipment and supplies of services directly related to oil operations, carried out by the holders of oil agreements, foreign legal entities, on the basis of Oil Law No. 134/1995 ; p) deliveries of machinery, equipment and services related to the investment objective "Development and modernization of Bucharest-Otopeni International Airport"; r) the provision of services performed by intermediaries acting on behalf of or on behalf of another, when they intervene in the operations provided for in this Article; s) supplies of goods and services performed for the forces of NATO member states for their use or of accompanying civilian personnel or for the supply of their poems or canteens, if these forces are intended joint defense effort. If the goods are not dispatched or transported outside the country and for the provision of services, the exemption shall be granted according to a procedure for the refund of the tax established by order of the Minister of Public Finance. (2) For the operations referred to in par. ((1) lit. a)-c), e)-g), i) and r) the justification of the exemption regime is carried out on the basis of the documents established by the rules for the application of this law. (3) For the operations referred to in par. ((1) lit. k)-p) application of the exemption regime is carried out under the conditions established by order of the Minister of Public Finance (4) For the construction works of housing, extension, consolidation and rehabilitation of existing dwellings, not completed on the date of entry into force of this Law, the refund of the value added tax related to the period in which they benefited from the application of the zero rate art. 17 lit. B. n) of Government Emergency Ordinance no. 17/2000 on the value added tax, as amended, is carried out according to the procedure established by order of the Minister of Public Finance. + Article 12 The following operations shall be exempt from value added tax, provided that they do not lead to use and/or final consumption: a) the inward processing operations provided for in Head. VII, Section IV of Law no. 141/1997 on the Customs Code of Romania; b) goods made under inward processing, according to the provisions of the head. VII, Section IV, art. 111 111 para. ((1) lit. a) of Law no. 141/1997 , taxable persons based in Romania, contracted with beneficiaries from abroad and who from their disposal are delivered in customs warehouses located on the territory of Romania; c) introduction into the country of goods placed under suspension customs procedure with total exemption from the payment of import rights, according to the provisions of the Customs Code of Romania; d) the introduction of goods in the free zones directly from abroad, in order to simplify them, without the preparation of customs formalities; e) the introduction of goods in free zones directly from abroad, as well as their commercial sales operations between various operators within the perimeter of the free zones and which subsequently leave in the same state the territory of free zones with an external destination, without customs declarations; f) services related directly to the operations referred to in lett. a)-e). + Chapter II Persons obliged to pay the value added tax + Article 13 (1) The value added tax due to the state budget shall be paid by: a) taxable persons registered as payers of value added tax, for taxable transactions; b) holders of the import operations of goods carried out directly, through commissions or third-party legal entities acting on behalf of and on the order of the holder of the import operation, whether or not they are registered as tax payers on the value added to the tax authorities, with the exception of imports exempted under 10 10; c) natural persons, for the goods introduced into the country according to the customs regulations d) legal entities or individuals with headquarters or permanent residence in Romania, beneficiaries of the services provided in art. 7 7 para. ((1) lit. c), performed by suppliers based or domiciled abroad, with the exception of those exempted from value added tax, whether or not they are registered as payers of value added tax to the tax authorities. (2) If the person carrying out taxable operations has no permanent establishment or domicile in Romania, he is obliged to designate a tax representative domiciled in Romania, who undertakes to fulfill the obligations return according to the provisions of the (3) Beneficiaries of services for which the place of supply is considered to be in Romania, according to the territorial application criteria established in art. 7, are obliged to pay the value added tax, if the providers abroad have not fulfilled the obligation to appoint a tax representative domiciled in Romania. + Chapter III The operative event and the chargeability of value added tax + Article 14 The operative event of the value added tax is born at the time of the delivery of goods and/or at the time of the provision of services, with the exceptions provided by this law. + Article 15 For the operations listed below, the operative part of the value added tax shall be: a) the date of registration of the customs declaration, in the case of goods placed on import b) the date of receipt of the external invoice for the services contracted by taxable persons in Romania with suppliers based or domiciled abroad, for which the place of supply is considered to be in Romania; c) the date of payment of the external provider, in case of payments made without invoice for the services contracted by taxable persons in Romania with suppliers with headquarters or domicile abroad, for which the place of supply is considered to be in Romania; d) the date on which the goods under suspension are placed under import arrangements; e) the date of establishment of the invoice-based debit for the provision of services that give place to successive settlements or payments, which are considered to have been made at the time of expiry of the periods related to these settlements or payments; f) the date of sale of the goods to the beneficiaries, in the case of operations carried out through intermediaries or consignment; g) the date of issue of the documents in which the taking over by taxable persons of goods purchased or manufactured by them for use for purposes not related to the economic activity carried out by them or to be made available to other natural or legal persons free of charge; h) the date of the documents confirming the provision by taxable persons of services for purposes not related to the economic activity carried out by them or for other natural or legal persons free of charge; i) the date of collection of coins from the machine for goods sold by automatic machines; j) the terms of payment of the rates provided for in contracts for leasing operations. + Article 16 ((1) Exigibility is the right of the fiscal body to claim the value added tax payer, at a certain date, the payment of the tax due to the state budget. ((2) The exigibility arises concurrently with the operative fact, with the exceptions provided by this law. (3) For supplies of goods with payment in installments the chargeability of the value-added tax comes at the time provided for the payment of ((4) The exigibility of the value added tax is anticipated to the generator when: a) the tax invoice is issued before the goods or services are delivered; b) the value of the goods or services is collected before the delivery of the goods or services; c) advances shall be collected, with the exception of advances granted for: 1. payment of imports and customs debt established according to the law; 2. production of production intended for export; 3. making payments to the customer's account; 4. deliveries of goods and services exempt from value added tax. ((5) For supplies of goods and/or services that are carried out continuously-electricity, heat, natural gas, water, telephone and similar services-the chargeability of the value-added tax comes at the time determining the beneficiary's debit on the basis of tax invoice or other legal document. ((6) Exigibility of value added tax on advances collected by taxable persons registered as value added tax payers, who have won tenders for the purposes of the objectives financed by loans granted by the international financial bodies of the Romanian state or guaranteed by it, shall be born on the date of billing of the works ((7) The exigibility of the value added tax related to the amounts constituted as a guarantee to cover any complaints regarding the quality of construction-assembly works shall be born on the date of conclusion of the final minutes of reception or, where applicable, on the date of collection of the amounts, if the collection is prior to it (8) The exigibility of value added tax for real estate works on the date of collection of advances on the basis of works situations, but entrepreneurs can opt for the payment of value added tax at the time of delivery, under conditions established by the implementing rules of this Law. + Article 17 (1) For deliveries of industrial machinery, means of transport intended for the realization of productive activities, technological machinery, installations, equipment, measuring and control apparatus, automation and software products, which were produced with the one year before the sale and have never been used, the chargeability of the value-added tax shall be postponed under the following conditions: a) during the investment period, until its commissioning, respectively until the 25th of the month following the date of commissioning of the investment, but not more than 12 months from the start of the investment, when the deliveries they are made to small and medium-sized enterprises as defined in Law no. 133/1999 on the stimulation of private entrepreneurs for the establishment and development of small and medium-sized enterprises, as amended, as well as to companies with majority private capital, Romanian legal entities, individuals and family associations authorised according to Decree-Law no. 54/1990 on the organization and conduct of economic activities on the basis of free initiative *), as amended, which are based and operate in the disadvantaged area, in order to carry out investments in disadvantaged areas; b) during the period of realization of the investment, until its commissioning, respectively until the 25th of the month following the date of commissioning of the investment, but no more than 30 months from the date of statistical registration at the Ministry Economy and Commerce, when those deliveries are made to taxable persons who make investments that fall within the provisions Law no. 332/2001 on promoting direct investment with significant impact in the economy. (2) The postponement of the chargeability of the value added tax provided in par. (1) shall be as follows: a) the beneficiaries referred to in par. (1) have the obligation to pay on behalf of the supplier the value added tax directly to the state budget, at the deadlines provided in par. ((1), or to compensate for this fee with the refund fee resulting from the statement of the previous month submitted to the tax authorities. The value added tax paid or compensated shall become deductible and shall be entered in the value added tax statement of that month. With the amount paid or compensated, the debt to the supplier will be reduced accordingly. If the beneficiaries do not pay or compensate for the value added tax at the time limits provided in par. (1), will be obliged to pay interest and late payment penalties in the amount established for non-payment of obligations to the state budget; b) the suppliers will register as the non-chargeable tax the value added tax related to the deliveries provided in par. (1), for which they no longer have the obligation to pay to the state budget. In the month in which the beneficiaries pay or compensate for the value added tax, the tax becomes chargeable, but the suppliers will reduce accordingly the amount of the tax collected and simultaneously reduce the debt of the beneficiaries recorded in the accounts clients. Suppliers will not be obliged to pay interest and late payment penalties for non-payment within the time by beneficiaries of the amounts representing the value added tax whose chargeability has been postponed according to the provisions of par. ((1). (3) The testing of the right to postpone the chargeability of the value added tax is carried out under conditions established by order of the Minister of Public Finance (4) The provisions of this Article shall apply only if the beneficiaries of the deliveries referred to in par. ((1) are registered as payers of value added tax to the tax authorities. -------- Note * *) Decree-Law no. 54/1990 has been repealed by Law no. 507/2002 on the organization and conduct of economic activities by individuals, published in the Official Gazette of Romania, Part I, no. 582 582 of 6 August 2002. + Chapter IV Tax base + Section 1 Inside the country + Article 18 (1) The tax base of value added tax is made up of: a) for supplies of goods and/or services, other than those referred to in lett. b) and c), of all that constitutes a counterparty obtained or to be obtained by the supplier or supplier from the buyer, beneficiary or a third party, including subsidies directly related to the price of these operations, excluding tax value added; b) the purchase prices or, in the absence thereof, the cost price, determined at the time of delivery/supply, for the operations provided in art. 3 3 para. ((4) and in art. 4 4 para. ((3); c) compensation for the operations referred to in art. 3 3 para. ((3) lit. b) and art. 4 4 para. ((2). (2) They are included in the tax base: a) taxes, taxes, if by law it is not provided otherwise, exclusively value added tax; b) accessory expenses such as: commissions, packaging, transport and insurance expenses, settled to the buyer or customer. (. The following shall not be included in the tax base: a) rebates, recounts, risks, accounts and other price reductions granted by suppliers directly to customers in order to stimulate sales, under the conditions provided for in the contracts concluded; b) the penalties, as well as the amounts representing the damage established by final court decision, requested for the total or partial non-fulfillment of the contractual obligations; c) interest charged for: late payments, installment payment sales, leasing operations; d) the amounts paid by the supplier or provider to the customer's account and then settled; e) packaging that circulates between suppliers of goods and customers, by contrast, without billing. (. The tax base shall be reduced accordingly: a) in the case of total or partial refusals regarding the quantity, prices or other elements contained in invoices or other legally approved documents, as well as in the case of returns of up to 15% of the written press; b) in case the price reductions provided in par. ((3) lit. a) are awarded according to contracts concluded after the delivery of goods or services; c) if the buyers return the packaging in which the goods were sent, for the packaging circulating by invoicing. + Section 2 Import of goods + Article 19 (1) For goods imported the tax base is constituted of the customs value, determined according to the law, plus customs duties, customs commission, excise duties and other taxes due according to the law. (2) They are included in the tax base, insofar as they were not included in the tax base determined according to par. (1), accessory expenses such as: commissions, packaging, transport and insurance expenses that intervene after the entry of the good into the country to the first place of destination of the goods. (. The first place of destination shall be understood as the place on the transport document accompanying the goods upon entry into the country. (4) The elements provided for in art. 18 18 para. ((3) lit. a)-c) and e). ((. Where the elements serving in determining the import tax base are expressed in a foreign currency, the exchange rate at which the assessment is made shall be the one set for the calculation of the customs value. + Chapter V Tax rates and calculation of value added tax + Article 20 (1) In Romania the standard rate of value added tax is 19% and applies to taxable transactions, except those exempt from value added tax. (2) The applicable value added tax rate shall be that in force on the date on which the operative event of the value added tax is born. (3) For cases where the chargeability of the value added tax does not coincide with the operative fact, provided in art. 16 16 para. ((3)-(6), the quotas in force shall apply on the date on which the tax becomes chargeable. For the operations provided in art. 16 16 para. (4), in the event of the modification of the quotas, the adjustment will be made to apply the quotas in force on the date on which the operative event of the value added tax is born. The regularization is carried out by fully reinvoicing the value of supplies of goods and/or services with the quotas in force on the date on which the operative event arises and the decrease within the same invoice of the amounts invoiced previously. + Article 21 (. The value added tax shall be calculated by applying the standard rate on the tax base determined under the conditions laid down in the head. IV. (2) By way of derogation from the provisions of paragraph (1), the value added tax shall be calculated by applying the recalculated quota, determined according to the methodology established by the rules for the application of this law, on: a) the amounts obtained from the sale of goods marketed by retail trade-commercial shops, consignations, food establishments or other establishments which have direct relations with the population, the prices of which also include the value tax added; b) the amounts obtained from some services-transport, mail, telephone, telegraph and others of the same nature-the tariffs of which also include the value added tax; c) the amounts obtained from the sale of goods on the basis of auction, on the basis of valuation or expertise, as well as for other similar situations; d) compensation, for the transfer of the right to property of assets of taxable persons in the public domain, under the conditions provided by the legislation on public property and its legal regime. + Chapter VI Deductions regime + Article 22 (1) The right of deduction arises when the deductible value added tax becomes chargeable. (2) By way of derogation from the provisions of paragraph (1), for the operations provided below the right of deduction arises: a) on the date of the actual payment or, as the case may be, on the date of compensation with the value added tax to be reimbursed from the statement of the previous month, for the import goods that benefit from the suspension of the payment of the value added tax in customs, 29 lit. D. c); b) on the date of the actual payment or, as the case may be, on the date of compensation with the value added tax to be reimbursed from the previous month's account, for the operations provided 17. (3) They have the right to deduct value added tax only taxable persons registered with the territorial tax authorities as payers of value added tax. (4) Taxable persons registered as payers of value added tax have the right to deduct the value added tax on goods and services intended for the realization of: a) taxable transactions; b) deliveries of goods and/or supplies of services exempt from the value added tax provided in art. 11 11 para. ((1) and in art. 12 12; c) sponsorship, advertising, protocol actions, as well as for other actions provided for in the laws, in compliance with the limits and destinations provided therein; d) operations resulting from economic activities referred to in art. 2 2 para. ((2), carried out abroad, which would give right of deduction if these operations were carried out within the country; e) operations provided for in art. 3 3 para. ((6) and (7), if the value added tax would be applicable to that transfer. (5) The value added tax provided in par. ((4) which the taxable person has the right to deduct is: a) the value added tax due or paid, related to the goods that were delivered to him or to be delivered to him, and for the provision of services rendered to him or to be rendered to him by another taxable person registered as a value-added tax payer; b) the value added tax paid, for the imported goods referred to in art. 29 lit. D. b); c) value added tax paid or compensated with the refund fee from the previous month's account, for import goods that benefit from the suspension of the payment of the customs duty provided in art. 29 lit. D. c); d) value added tax highlighted in the statement on value added tax, for the operations provided in art. 29 lit. D. d)-f); e) value added tax paid by the beneficiary on behalf of the supplier or compensated with the refund fee from the previous month's account, for the operations provided in art. 17. (6) Goods and services purchased for the realization of the operations provided in par. (4) comprise the raw materials and materials, fuel and energy, spare parts, inventory items and the nature of fixed assets, and other goods and services to be reflected in the production, investment or circulation, as appropriate. + Article 23 ((1) The right to deduct value added tax on goods and/or services that are used by a taxable person for carrying out both the right to deduct and operations that do not give right to deduct shall be determined in relation to the degree of use of those goods and/or services to the realisation of the operations which entitles the deduction. ((2) The way of determining the degree of use of goods and/or services to the realization of the operations that give right of deduction is established by the norms for the application of this law. + Article 24 ((1) For the exercise of the right to deduct the value added tax any taxable person must justify the amount of the tax with the following documents: a) for the deduction provided in art. 22 22 para. ((5) lit. a), with tax invoices or other legally approved documents, issued in his name, by taxable persons registered as payers of value added tax; b) for the deduction provided in art. 22 22 para. ((5) lit. b), with the import customs declaration or the ascertaining act of the customs bodies; c) for the deduction provided in art. 22 22 para. ((5) lit. c), with the customs declaration issued in his name and the document confirming the payment of the value-added tax or, in the case of compensation, the value added tax statement for the previous month, resulting from the refund fee, and the accounting note through which the compensation was made; d) for the deduction provided in art. 22 22 para. ((5) lit. d), with the external invoice or the document certifying the payment of the external provider, in the case of payments without invoice, and the accounting note in which the value-added tax related to the respective operations is recorded, both as the collected tax and as the tax deductible; e) for the deduction provided in art. 22 22 para. ((5) lit. e), with tax invoices or other legally approved documents, issued in his name by taxable persons registered as payers of value added tax, and the document confirming the payment of the value-added tax or, in the case of compensation, the value added tax statement for the preceding month, resulting from the refund fee, and the accounting note through which the compensation was made. (. The value added tax may not be deducted from the entries relating to: a) operations not related to the economic activity of taxable persons; b) goods/services purchased by suppliers/suppliers to the customers ' account and which are then settled; c) transport, hotel, food and other services of the same nature, provided for taxable persons carrying out activities of intermediation in tourism; d) alcoholic beverages and tobacco products for the purposes of the Protocol e) the missing or qualitatively impaired goods during transport, not attributable, on the basis of documents prepared for the surrender-receipt of goods from the carrier and for their registration in the management of the taxable person. (3) Value added tax related to goods and services purchased, intended for the realization of own investment objectives, stocks of special purpose products financed from the amounts collected from the state budget or from budgets local by taxable persons registered with tax authorities as payers of value added tax, shall be deducted according to the provisions of art. 22. With the value added tax deducted for the achievement of the own investment objectives, investment availabilities will be compulsorily reworked. The amounts deducted during the fiscal year for their own investment objectives can only be used for payments related to the same investment objective for which the allocations from the state budget or local budgets have been received. At the end of the financial year the deducted and unused amounts shall be transferred to the state budget or to the local budgets in the accounts and to the deadlines established by the annual methodological norms on the conclusion of the financial and budgetary year financial-accounting, issued by the Ministry of Public Finance. The units that have at the end of the fiscal year the refund fee, resulting from the value added tax statement, can compensate for this fee with the deducted and unused amounts due to the state budget or local budgets for the operations provided for in this paragraph. + Article 25 (1) The right of deduction shall be exercised monthly by deducting the deductible tax from the amount representing the value added tax invoiced for the delivered goods and/or services rendered, called the collected tax. ((2) The exercise of the right of deduction shall not be made for each operation, but for the whole of the operations carried out during a month. (3) The value added tax due to the state budget is established monthly on the basis of accounts of the payers of the value added tax, as the difference between the collected tax and the tax deducted according to the law. In the event that the tax deducted according to the law is higher than the collected tax, it follows the tax to be reimbursed, and if the tax collected is higher than the tax deducted according to the law, it follows the payment fee to the state budget. + Article 26 (1) The refund fee for the reporting month established by the value added tax statement according to art. 25 25 para. ((3) shall be regularised in the following order: a) by compensation made by the taxable person within the limit of the remaining payment fee resulting from the previous month's statement or from the following months, as the case may be, without the opinion of the fiscal body, added; b) *) by compensation carried out by the tax authorities on request or ex officio, as the case may be, with obligations due and unpaid to the state budget, obligations due to the risk fund for state guarantees for external loans, including interest rates and penalties of any kind related thereto; c) *) by compensation carried out by the tax authorities on request or ex officio, as the case may be, with obligations due and unpaid to the state social insurance budget, the budget of the health insurance fund, the unemployment insurance budget, local budgets, including interest and penalties of any kind related thereto. The authorising officers who respond by law to the collection of the respective incomes will communicate monthly to the territorial fiscal bodies the debts that economic agents have to these budgets and/or funds; d) reimbursement by the tax authorities. (2) The payment fee established by the value added tax statement according to art. 25 25 para. (3) shall be paid to the state budget at the deadline provided in art. 29 lit. D. a). ------------- Note * *) Letters b) and c) have been amended by Government Ordinance no. 86/2003 , published in the Official Gazette of Romania, Part I, no. 624 624 of 31 August 2003. + Article 27 (1) Taxable persons may request or refund with advance control, or reimbursement with subsequent control of the difference of fee remaining after the compensation carried out according to art. 26 26 para. ((1). (2) The reimbursement with advance control shall be carried out by the territorial fiscal bodies within 30 working days from the date of submission of the application for reimbursement, based on the checks carried out by the fiscal control bodies. (3) The reimbursement with subsequent control shall be carried out by the territorial fiscal bodies within 15 working days from the date of submission of the application for reimbursement, for taxable persons falling under the conditions established by the implementing rules of this law, with the subsequent verification carried out by the fiscal control bodies within a maximum of 1 year from the date of the actual reimbursement. If it turns out that the amount reimbursed is wrong, the tax authorities may request the refund of that amount in accordance with the provisions for the unpaid value added tax. (4) The refund of the value-added tax may be requested monthly. + Article 28 By the norms for the application of this law, the conditions under which, for refunds of value added tax, the fiscal control bodies of the Ministry of Public Finance may require the establishment of personal or solidarity guarantees, in the law. + Chapter VII Obligations of value added tax payers + Article 29 Taxable persons who carry out taxable transactions and/or exempt operations with the right to deduct have the following obligations: A. On registration with the tax authorities: a) at the beginning of the activity, as well as in the cases and under the conditions established by this law, taxable persons are required to register as payers of value added tax, following the procedures regarding the tax registration of tax payers and tax payers; b) to ask the fiscal body to remove from the record as payers of the value-added tax, in case of termination of the activity, within 15 days from the date of the legal act in which the respective situation is recorded. B. On the preparation of documents: a) to record supplies of goods and/or services in tax invoices or other legally approved documents and to necessarily supplement the following data: the name, address and tax code of the supplier/provider and, as the case may be, of the beneficiary, the date of issue, the name of the delivered goods and/or the services provided, the quantities, as the case may be, the unit price, the value of goods/services without value added tax, the amount of For deliveries of goods or services with the value of the value added tax of more than 50 million lei inclusive, the copy of the legal document certifying the quality of the value-added tax shall be attached to these documents; b) taxable persons paying the value-added tax are obliged to request from suppliers/suppliers tax invoices or legally approved documents and to verify their correct preparation, and for operations with a tax value on the added value of more than 50 million lei are obliged to request and copy from the legal document certifying the quality of payer on the added value of the supplier/provider. Receipt and registration in accounting of tax invoices or other approved legal documents that do not contain the data provided to be compulsorily completed at lit. a), as well as the lack of copy of the legal document certifying the quality of payer of the value added tax of the supplier/provider in the case of purchases with a value of the value added tax of more than 50 million lei inclusive, determine loss of the right to deduct the related value-added tax; c) taxable persons registered as payers of value added tax are not required to issue tax invoices in the case of the following operations: 1. taxi transport, as well as passenger transport on the basis of travel tickets and subscriptions; 2. sales of goods and/or services recorded in specific documents approved by normative acts in force; 3. sales of goods and/or services for the population on the basis of documents without nominations on the buyer. At the request of the buyers, the suppliers/providers may issue tax invoices that they will enter: the amount collected, the number and the date of the document by which the payment was made by the beneficiary; d) importers are obliged to draw up the customs declaration of import, directly or through authorized representatives, to determine the tax base for imported goods according to art. 19 19 and calculate the value added tax due to the state budget. C. On the record of operations: a) keep the accounting records according to the law, so that they can determine the tax base and the value added tax collected for the supplies of goods and/or the services performed, as well as the deductible one related to the entries; b) to provide the necessary conditions for the issuance of documents, the processing of information and the management of the records provided by the regulations in the field of c) to prepare and submit monthly to the fiscal body, until the 25th of the next month inclusive, the statement on value added tax, according to the model established by the Ministry of Public Finance; d) provide the tax authorities with all the necessary justifications in order to establish the operations carried out both at the main office and at the subunits; e) to distinctly account for the income and expenses resulting from the operations of the joint ventures. The rights and legal obligations regarding value added tax return to the associate who accounts for the income and expenses according to the contract concluded between the parties. At the end of the reporting period the income and expenses, recorded on the natures, shall be transmitted on the basis of the statement to each associate, in order to register them in their own The amounts settled between the parties without complying with these provisions shall be subject to the value added tax in the quotas provided by law. D. On the payment of value added tax: a) to pay the value added tax due, according to the settlement drawn up monthly, until the 25th of the following month inclusive; b) to pay the value added tax, of the goods placed on import duty, to the customs body, with the exception of import operations exempt from value added tax; c) by derogation from the provisions of lett. b), the payment of the value added tax to the customs bodies is suspended for: 1. industrial machinery, means of transport intended for the realization of productive activities, technological machinery, installations, equipment, measuring and control apparatus, automation, which were produced no more than one year before the entry in the country and have never been used, imported by small and medium-sized enterprises as defined in Law no. 133/1999 on the stimulation of private entrepreneurs for the establishment and development of small and medium-sized enterprises, in order to carry out investments, during the investment period, until its commissioning, but not more than 12 months from the start of the investment; 2. industrial machinery, technological machinery, installations, equipment, measuring and control apparatus, automation, means of transport intended for the production of productive activities, which were produced no more than one year before their entry in the country and have never been used, imported by majority privately owned companies, Romanian legal entities, as well as by individuals and family associations, authorized according to Decree-Law no. 54/1990 , as amended, which are based and operate in the disadvantaged area, in order to carry out investments in disadvantaged areas, during the investment period, until its commissioning, but no longer not more than 12 months after the start of the investment; 3. industrial machinery, technological machinery, installations, equipment, measuring and control apparatus, automation, means of transport intended for the production of productive activities, which were produced no more than one year before their entry in the country and have never been used, imported by taxable persons who make investments falling within the provisions Law no. 332/2001 on the promotion of direct investments with significant impact in the economy, during the investment period, until its commissioning, but no more than 30 months from the date of statistical registration at the Ministry of Economy and Trade; 4. industrial machinery, machinery, installations and equipment that are imported in order to carry out and carry out investments through which a new productive unit is carried out, develop existing capacities or retrofit factories, sections, workshops, as well as agricultural machinery and means of transport intended to carry out productive activities, within 120 days from the date of import. It is also suspended the payment of the value added tax to the customs bodies, within 60 days, for raw materials that do not occur in the country or are deficient, imported in order to achieve the object of activity. Attestation of the right to benefit from the suspension of the payment of the value added tax in customs for the imports 1, 2, 3 and 4 shall be made under conditions established by order of the Minister of Public Finance; d) value added tax related to leasing operations contracted with locators/financiers from abroad shall be paid by persons who are not registered as payers of value added tax, regardless of their legal status, on the 25th of the month following that in which the payment date of the instalments and/or the 25th of the month following that in which payments of advances took place is provided for. Taxable persons registered as value-added tax payers will highlight the tax related to these operations, both as tax collected and as a deductible tax, in the value added tax statement prepared for the month in which is provided by contract for the payment of instalments and/or month in which payments of advances take place. If at the expiry of the lease the goods that were subject to it pass into the beneficiary's property, the value added tax due for the value to which the transfer of ownership of the respective goods is made shall be pay to the customs authorities; e) value added tax related to the services contracted by beneficiaries in Romania with suppliers based or domiciled abroad, for which the place of supply is considered to be in Romania, according to art. 7 lit. c), exclusively the leasing operations contracted with locators/financiers from abroad, which are regulated under lit. d), shall be paid by persons who are not registered as payers of value added tax, regardless of their legal status, on the 25th of the month following that in which the external invoice was received or on the 25th of the following month the one in which a payment was made without an invoice to the external provider. In the case of persons registered as value-added tax payers, the charge related to these operations is recorded in the value added tax statement, both as collected tax and as a deductible tax, in the month in which it was received. the external invoice or a payment without invoice to the external provider has been made; f) the provisions of letter e) shall also apply to the services contracted by beneficiaries in Romania with suppliers based or domiciled abroad for which the place of supply is considered to be in Romania, according to art. 7 lit. a), b) and d), if the external provider has not appointed a fiscal representative in Romania; g) to pay the tax due to the state budget, before the date of submission of the application to the fiscal body for the removal from the record as a payer of value added tax, in case of cessation of activity h) in the case of taxable persons registered as payers of value added tax, if from the statement on the value added tax of the previous month results the fee to be refunded, they have the right to compensate this amount by the amount due according to lit. c). + Chapter VIII Final provisions + Article 30 Model and content of tax invoice forms or other legally approved documents, journals for purchases, sales logs, daily sales/collection borderos and other documents necessary for the application of the provisions of this Law are established by the Ministry of Public Finance and are mandatory for value-added tax payers. + Article 31 (1) The correction of the erroneously determined value added tax, entered in tax invoices or other legally approved documents, by taxable persons registered as payers of value added tax, shall be carried out as follows: a) if the document has not been submitted to the beneficiary, it shall be cancelled and a new document shall be issued; b) if the document has been transmitted to the beneficiary, the correction of errors shall be made by issuing a new document with the values registered with the minus sign, in which the number of the corrected document will be mentioned and a new correct document. The respective documents will be registered in the sales log, respectively of purchases, and will be taken into the accounts prepared by the supplier and the beneficiary for the month in which the correction took place. ((2) Reducing the tax base provided for in art. 18 18 para. (4) is carried out by the issuance by the suppliers of goods and/or service providers of new documents with the values registered with the minus sign, which will also be transmitted to the beneficiary. The respective documents will be registered in the sales log, respectively of purchases, and will be taken into the accounts prepared by the supplier and the beneficiary for the month in which the reduction was made. + Article 32 (1) The tax control bodies have the right to carry out checks and investigations in persons obliged to pay the value added tax, regarding the observance of this law, including on accounting records. For this purpose taxable persons are required to present the records and related documents. (2) If, following the verification carried out, errors or deviations from the legal norms result, the tax control bodies have the obligation to determine the amount of the deductible and invoiced value added tax. ((3) If the tax bills, accounting records or data required for the calculation of the tax base are missing or are incomplete in terms of quantities, prices and/or tariffs charged for supplies of goods and/or service provision, tax control bodies will proceed to taxation by estimation. + Article 33 For non-payment of all or a difference in value added tax within the established period, taxable persons owe late increases and late penalties calculated according to the legislation on the calculation and payment of the amounts due for the non-payment of taxes and fees. + Article 34 The control acts issued by the specialized bodies of the Ministry of Public Finance for the finding of payment obligations on value added tax constitute debt securities, which become enforceable securities under the law. + Article 35 (1) Failure to comply with art. 29 and 30 are sanctioned according to Law no. 87/1994 to combat tax evasion. (2) The late submission of the value added tax settlement shall be sanctioned according to the provisions Government Ordinance no. 68/1997 on the procedure for the preparation and filing of tax and tax declarations, approved and amended by Law no. 73/1998 , republished, with subsequent amendments and completions. + Article 36 The determination, in bad faith, by taxable persons of the amount of value added tax to be reimbursed and unlawful obtaining, in this way, of sums of money from the tax authorities constitutes a crime and is punishable by imprisonment from 1 year to 7 7 years. + Article 37 The resolution of appeals on the amounts on value added tax, found and applied by the control or taxation acts of the bodies of the Ministry of Public Finance, shall be made according to the legal provisions in force. + Article 38 For the unitary application of the legal provisions on value added tax, the central fiscal commission, headed by the Secretary of State with powers in the field of fiscal policy and legislation, is established within the Ministry of Public Finance The composition and duties of the commission shall be approved by order of the Minister The decisions of the Central Fiscal Commission shall be published in the Official Gazette of Romania, + Article 39 Within 15 days from the date of entry into force of this law the Government, on the proposal of the Ministry of Public Finance, will approve the norms for the application of its provisions. + Article 40 This Law shall enter into force on 1 June 2002, with the exception of the provisions of art. 27 27 para. ((2) which shall enter into force on 1 October 2002. The date of entry into force of this Law shall be repealed: a) Government Emergency Ordinance no. 17/2000 on value added tax, published in the Official Gazette of Romania, Part I, no. 113 113 of 15 March 2000, approved and amended by Law no. 547/2001 ; b) provisions art. 5 5 regarding the exemption from the value added tax of Law no. 103/1992 on the exclusive right of religious cults for the production of cult objects, published in the Official Gazette of Romania, Part I, no. 244 of 1 October 1992, as amended; c) the provisions regarding the exemption from the value-added tax of art. 42 42 para. ((1) for the sources of financing provided for in art. 33 33 para. ((1) lit. c) of the Political Parties Law no. 27/1996 , published in the Official Gazette of Romania, Part I, no. 87 of 29 April 1996, as amended; d) provisions art. 37 indents 3 and 4 of Government Ordinance no. 30/1995 on the concession regime for the construction and operation of sections of land-highway communication routes-highways and railways, published in the Official Gazette of Romania, Part I, no. 203 203 of 1 September 1995, approved and amended by Law no. 136/1996 ,, as amended; e) provisions art. 173 173 para. (3) of the Education Law no. 84/1995 , republished in the Official Gazette of Romania, Part I, no. 606 of 10 December 1999, as amended; f) provisions art. 4 4 para. 2 2 regarding the value added tax of Law no. 118/1996 on the establishment and use of the Special Fund of Public Roads, republished in the Official Gazette of Romania, Part I, no. 150 of 15 April 1998, as amended; g) provisions of art. 4 4 para. ((2) relating to the exemption from value added tax from Government Emergency Ordinance no. 43/1997 for the preparation of the special accounting balance and the regularization of some credits and interest classified in the category "loss" at Banca Agricola-S.A., published in the Official Gazette of Romania, Part I, no. 153 153 of 14 July 1997, approved and amended by Law no. 166/1998 ,, as amended; h) provisions of art. 3 lit. a), art. 4 4 and art. 5 5 para. 1 of Government Ordinance no. 8/1998 on the establishment of the Special Fund for Tourism Promotion and Development, published in the Official Gazette of Romania, Part I, no. 40 40 of 30 January 1998, approved and amended by Law no. 23/2000 ,, as amended; i) provisions art. 7 of Government Ordinance no. 116/1998 on the establishment of the special regime for international maritime transport activity, published in the Official Gazette of Romania, Part I, no. 326 326 of 29 August 1998, as amended; j) provisions art. 6 6 para. ((1) lit. a) of Government Emergency Ordinance no. 24/1998 on the regime of disadvantaged areas, republished in the Official Gazette of Romania, Part I, no. 545 of 8 November 1999, as amended; k) provisions of art. 76 76 relating to the exemption from value added tax from The Physical Education and Sports Act No. 69/2000 , published in the Official Gazette of Romania, Part I, no. 200 of 9 May 2000, as amended; l) provisions of art. 26 26 para. ((2) relating to the exemption from value added tax from Government Emergency Ordinance no. 51/1998 on the recovery of some banking assets, published in the Official Gazette of Romania, Part I, no. 482 482 of 15 December 1998, approved and amended by Law no. 409/2001 , with subsequent amendments and completions; m) provisions art. 21 21 ^ 1 and 21 ^ 4 of Law no. 133/1999 on the stimulation of private entrepreneurs for the establishment and development of small and medium-sized enterprises, as amended and supplemented by Government Emergency Ordinance no. 297/2000 , published in the Official Gazette of Romania, Part I, no. 707 707 of 30 December 2001, approved and amended by Law no. 415/2001 ; n) provisions art. 2 lit. e) of Government Ordinance no. 14/1995 on certain measures to stimulate the achievement of complex objectives and long-cycle manufacturing production, for export, published in the Official Gazette of Romania, Part I, no. 26 of 3 February 1995, approved by Law no. 70/1995 ,, as amended; o) provisions art. 12 12 para. ((2) of Law no. 332/2001 on the promotion of direct investments with significant impact in the economy, published in the Official Gazette of Romania, Part I, no. 356 356 of 3 July 2001. + Annex LIST the activities to which art is concerned. 2 2 para. ((5) 1. Telecommunications 2. Supply of water, gas, electricity, heat and refrigerant 3. Transport of goods 4. Services provided by ports and airports 5. Passenger transport 6. Delivery of new goods products for sale 7. Activity of trade fairs and exhibitions 8. Storage 9. Activities of commercial advertising bodies 10. Activities of travel agencies 11. Store activity for staff. ---------------