Certification of tax returns in Romania filed by taxpayers with the tax authorities will be optional, according to a draft published by the Minister of Public Finance in an Ordinance issued on January 20, 2014.
According to the Romanian Law, the certification of tax returns must be performed by a tax consultant who acquired a special status and is registered as an active member in the register of tax consultants and tax consulting firms. This decision is taken in accordance with the rules established by Ordinance no. 71/2001 that provides that the tax advisory work, including certification, can be done only by active tax advisers.
According to the new provisions, the amendment tax returns need mandatory certification (excluding VAT returns corrections, according to the Tax Code through the rows of the VAT adjustment), if the corrected amount is significant (more than 10%, but less than RON 10,000 ). Mandatory certification of this category of statements is founded on the provisions of art. 82 para. (3) of the Tax Procedure Code, under which the taxpayer must declare the correct tax liability due.
However, this measures are proposed to take effect from 1st of June 2014 and these measures are not applicable for public authorities and institutions.
The same law on the certification of tax returns in Romania provides that taxpayers have the right to correct tax returns filed with the tax authority, where errors exist in the original statement.
If the corrections are significant (the level is significantly when appreciated at a value of at least 10%, but less than RON 10,000, compared to the amount declared in the first instance), it can be argued that this correction affects public order, making it necessary to establish some rules in place to protect the general interests of society, in this case represented by the correct payment of taxes.
In order to meet these imperatives, the law provides that the corrective statement must be validated by an independent tax specialist, on the basis of a contract between the taxpayer and tax specialist for certification services.
The certification of tax returns in Romania intends to support the taxpayer, as there can be avoided the penalties fees for not declaring the tax returns and not paying the correct tax liability for the general consolidated budget.
Moreover, by this measure the state intends to avoid the abuse in exercising the right to correct a tax return by using it to create some fiscal advantages (for example avoiding or stopping enforcement, obtaining a tax certificate without obligation).
The certification of tax returns in Romania is approved by standards issued by the Chamber of Tax Advisors with the Minister of Public Finance approval and the procedure for submission of the tax certification document (prepared by tax consultant), exchanging information between the National Agency for Fiscal Administration and the Chamber of Tax Consultants and how to apply the penalty for non-certification are approved by the Minister of Public Finance.
The penalty for filing the corrected tax return without certification provided by a specialist is 2% of the difference in amount, but not less than RON 200.
The penalty is void if the certification is done after filing the tax return, but no later than the beginning of a tax audit.
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