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Corporate Tax Compliance

Last update: May, 2010

 

 

by PricewaterhouseCoopers

 

 

 

General aspects

  • From 2010, tax payers have the obligation to make quarterly advance profit tax payments. The payments are calculated as a quarter of the previous year's profit tax increased by the inflation rate and are due by the twenty-fifth of the month following the end of the quarter.
  • The inflation ratio is announced by the tax authorities by 15 April of the year when advance payments are made.
  • Taxpayers that incurred a fiscal loss in the previous year make quarterly advance payments at the level of a quarter of the annual minimum tax.
  • Newly established companies (i.e. without a previous year history) make quarterly advance payments based on the lowest threshold of the annual minimum tax, i.e. 550 RON per quarter.
  • Quarterly tax returns have to be submitted by the twenty-fifth of the month following the end of the quarter.
  • Annual profit tax returns have to be filed with the Romanian tax authorities by 25 April of the following year.
  • Non-profit organisations, taxpayers that obtain income mainly from crop production have to declare and pay annual profit tax by 25 February.
  • Taxpayers required to withhold tax, with the exception of salary payers, are obliged to submit a statement to the tax authorities regarding the tax withheld for each beneficiary by 30 June of the following year.

 

 

Non-resident companies

  • Non-resident companies deriving income from real estate property located in Romania or sale of shares held in a Romanian company are obliged to declare and pay the related profit tax. Nonresidents may appoint a tax agent to fulfil this requirement. However, if the buyer is a Romanian company or a Romanian permanent establishment of a non-resident company, the obligation to pay and declare the profit tax rests with the buyer.
  • For capital gains tax declaration and payment, the Romanian legislation requires the following tax returns to be submitted:
    - quarterly statements, from the twenty-fifth of the month following the quarter in which the non¬resident first earned capital gains taxable in Romania; annual profit tax return.
  • The quarterly statements and annual return have to be submitted during the entire period of time the non-resident is registered with the Romanian tax authorities, even if it no longer carries out transactions generating taxable revenues in Romania.

 

 

Late-payment penalty

  • There is currently a single type of late-payment penalty of 0.1 % per day of delay