ERNST & YOUNG SRL

 | 

ALEX MILCEV

  |  2016-08-31

Tax alert, No. 29

NAFA Order no. 2393/2016 for establishing the criteria for VAT registration, for approving the Procedure regarding the VAT registration according to art. 316 par. (12) letter e) from Law no. 227/2015 regarding the Fiscal Code of taxable persons, entities with their seat of economic activity in Romania, established according to Companies’ Law no. 31/1990, subject to registration at the Trade Registry and for approving the Procedure for ex-officio cancellation, of the registration for VAT purposes according to art. 316 par. (11) letter h) from Law no. 227/2015 regarding the Fiscal Code, of taxable persons, entities with the seat of economic activity in Romania, established according to Companies’ Law no. 31/1990, subject to registration at the Trade Registry, which do not justify the intention and capacity to make economic activities, which imply operations outside the VAT scope.

ERNST & YOUNG SRL


ALEX MILCEV

ALEX MILCEV

PARTNER - TAXATION SERVICES LEADER at ERNST & YOUNG SRL

Order no. 2393/2016 replaces Order no. 3840/2015 regarding the establishment of the criteria for VAT registration.
The new Order establishes the criteria for VAT registration, according to art. 316 par. (1) letter a) and c) and par. 12 from the Fiscal Code, the procedure regarding the registration for VAT purposes according to art. 316, par. (12) letter e) and the Procedure for ex-officio cancellation of the VAT registration, according to art. 316, par. (11), letter h) from the Fiscal code.


 Criteria for the VAT registration

 

As regards the criteria for VAT registration, the most important amendments refer to:


- The taxable persons’ right for a hearing before the decision to refuse the VAT registration is issued;
- The criterion regarding the lack of offenses in the tax record applies in case of majority shareholders;
- Risk groups were defined – high, low and average – based on which the registration decision is issued.


 Procedure for VAT registration according to art. 316 par. (12) letter e) and the Procedure for ex-officio cancelation of the VAT registration according to art. 316 par. (11) letter b) from the Fiscal code


The Order explicitly mentions the possibility to challenge the decision regarding the refusal of VAT registration and the decision regarding the ex-officio cancelation of the VAT registration.

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TOP PARTS AND ACCESSORIES FOR MOTOR VEHICLES COMPANIES (2015)
Scoring Methodology by ERNST&YOUNG


 
#
COMPANY NAME
MCR TOTAL SCORING
 
1 AUTOLIV ROMANIA SRL 3,4375
2 HELLA ROMANIA SRL 3,4375
3 DELPHI DIESEL SYSTEMS ROMANIA SRL 3,3750
4 PREH ROMANIA SRL 3,2500
5 JOHNSON CONTROLS JIMBOLIA SRL 3,1875
6 TRW AUTOMOTIVE SAFETY SYSTEMS SRL 3,1250
7 RENAULT MECANIQUE ROUMANIE SRL 3,0000
8 LEAR CORPORATION ROMANIA SRL 2,9375
9 QUIN ROMANIA SRL 2,9375
10 BOS AUTOMOTIVE PRODUCTS ROMANIA SCS 2,8750