With a view to ensuring long-term financial viability, the Romanian Parliament has adopted fiscal and budgetary measures.
These include the introduction of compulsory electronic invoicing for non-resident companies that are identified for Romanian VAT purposes, in the same way as resident companies identified for VAT purposes in Romania.
This is because:
- Taxable economic operators not established, but registered for VAT in Romania, performing supplies of goods and services localisable in Romania (pursuant to art. 275, 278 – 279 of Law no. 227/2015 on relations between taxable persons, as defined in art. 2 para. (1)) will be obliged from 1 January 2024 to submit invoices issued in the national electronic invoicing system “RO e-Factura“, provided for by Government Emergency Ordinance no. 120/2021.
- This obligation applies whether or not recipients are registered in the RO electronic invoice register.
The deadline for sending the invoices provided for in paras. (1) – (3) in the national system for electronic invoicing RO e-Invoice is:
- 5 working days from date of invoice;
- but no later than 5 working days from the deadline set for issuing the invoice in art. 319 par. (16) of Law no. 227/2015, with subsequent amendments and additions.
Failure to meet these deadlines constitutes an offence and is punishable by a fine:
- from Lei 5,000 to Lei 10,000 for legal entities classified as medium-sized taxpayers;
- a fine of between 2,500 lei and 5,000 lei for legal entities classified as average taxpayers;
- and a fine of between 1,000 lei and 2,500 lei for other legal entities and individuals.
Please note that there will be a 3-month transition period (from 1 January 2024 to 31 March 2024) before sanctions are applied from 1 April 2024.
Please contact our tax experts to ensure that you are up to date with your e-invoicing obligations.
Source: legislatie.just.ro (in Romanian)
