Companies with tax liabilities higher than 5,000 lei, generated after starting date of emergency state ( March 16th, 2020) can benefit of some incentives in rescheduling related payments in accordance with Emergency Ordinance no. 181/ 26 October 2020.
The procedure to be followed includes the following steps:
- the application must be submitted latest December 15th;
- the application must have attached the plan proposed by the company regarding the settlement of debts (the value to be paid monthly in the next 12 months);
- within 5 days from receiving the file, the tax authorities will analyse the documentation and decide whether the company is accepted or not for this incentive (Tax authority will send written communication to the tax payer).
During the 12th-month period that is related to this incentive regarding the debts rescheduling, the company has the possibility to request maximum twice the amendment of initial plan, under certain conditions.
The risks we would like to bring to your attention refers to the interest and penalties that the company will be obliged to pay if the debts will not be paid to the state budgets according to the rescheduling plan, as follows:
- 0.01% interest for any day of late payment; the interests are calculated for each instalment from the rescheduling plan, starting with the date of issuing the rescheduling decision and until the payment term from the schedule plan or until the date of payment of the instalment;
- 5% penalty from the amount left unpaid from the rescheduling rate, including the interest due during the rescheduling period.
Our team of professional is available for any clarifications or additional details required in your analysis. The above information represents just a summary of aspects we consider relevant in the recently published legislation. This is not exhaustive disclosure of information and it is not intended to be used as advice on any particular matter. We invite all readers to contact us for further clarification of any specific issue. Argus Audit team and its associates disclaim liability in any action taken by a third party in reliance exclusively on summarized information presented in our publications.