Doing Business with Romania - Über die Osec

As a general rule, the fiscal period is the calendar month. For taxable persons registered for VAT
purposes whose previous year-end turnover did not exceed EUR 100.000 the fiscal period is the
calendar quarter.
We would like to mention that if a taxable person using the calendar quarter as a fiscal period is
performing an intra-community acquisition taxable in Romania, the fiscal period shall become the
calendar month.
The usage of standard pre-printed invoices is no longer mandatory, but the invoices must contain the
minimum information required by the law.
For the payment of VAT, the beneficiaries, from Romanian, of services provided by foreign persons,
and for Intra-Community acquisitions, the mechanism that will have to be applied is the reverse
taxation (the tax is to be registered into the VAT register both as a deductible tax and as collected tax)
Simplification measures are applied to the following transactions: selling waste and secondary raw
materials resulted from their sale; selling wood material.
EXCISE DUTY
The excises represent special consumption duties owed to the State budget for certain domestic and
imported products.
Products subject to excise duties: alcoholic beverages, cigarettes, mineral oils, electricity. Also, subject
to excise duties are the following products: green coffee, roasted coffee, soluble coffee.
The products shall be subject to excise duties at the time of their production on the Community
territory or at the moment of their import to Community territory.
However, the internal legislation establishes a series of exemptions from excise duties, such as:
o General exemptions - are granted if the excisable goods are intended to be used in areas
expressly mentioned by the law (for example: the excisable products intended for supply in
the context of consular or diplomatic relations);
o Special exemptions - as an example, are exempt from excise duties the products supplied by
tax-free shops, the products carried in personal the personal luggage of passengers travelling
by air or sea to a third territory or to a third country. This exemptions are granted only under
certain special conditions established by legal regulations;
o Exemptions for certain categories of excisable goods which are granted in certain situations.
Thus, by way of example, we mention, the exemptions for processed tobacco. The processed
tobacco shall be exempt from the payment of excise duties, when it is solely destined to
scientific tests or quality tests for products.
Payment procedures: the excise is due at the moment of the release for consumption or when
losses or shortages of excisable products are assessed. The persons liable for the payment of excise
duties are the importer or the warehouse keeper.
Also we want to note that there are special rules regarding the production and processing of certain
excisable goods (such as energy products, tobacco). For these products the production and
processing can take place only under a special regime (warehousing procedure).
It should also be noted that, moving and receiving excisable goods can take place under excise duty
suspension, in which case a series of documents are required. If these documents are missing or are
improperly completed, the law provides a series of sanctions, both contravention and criminal
sanctions.
IMPORT TAXES (tariffs)
Romania is a member of the World Trade Organization (WTO), of the Central European Free Trade
Agreement (CEFTA) and of the General System of Customs Preferences (GSCP).
The custom duties are applied to imported goods, and the applicable rates are specified under the EU
Customs Tariff. The customs duties are expressed in percentages and are applied to the customs
value of the goods, denominated in Romanian currency – RON and valid on the date the import
customs declaration is registered (ad valorem).
There are cases when custom duties are expressed as a fix amount applied to a specific quantity.
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