Within the scope of VAT, new deadlines were approved for the submission of periodic declarations and payment of tax and also new rates, which will apply from July 1.
Law no. 12/2022 was published on June 27, approving the State Budget for 2022.
VAT – New time limits
The deadline for submission of periodic VAT returns shall be extended to the 20th day of the second month following the month or quarter to which the transactions relate, depending on whether they are taxable persons covered by the normal monthly or quarterly regime.
The period for payment of the amount of tax payable shall be extended to the 25th day of the second month following the month or quarter to which the transactions relate, depending on whether they are taxable persons covered by the normal monthly or quarterly regime.
With the amendment now approved, natural or legal persons who improperly mention VAT on an invoice will have to make the payment of the respective issue within 20 days from the date on which it was issued.
However, the deadline for the payment of tax for the practice of a single taxable transaction (isolated acts) is maintained, which must be carried out by the end of the month following the completion of the operation.
In the case of procedural changes, its application is immediate.
VAT – New Rates
Sums 1.13, 2.36 and 2.37 are added to List I (reduced rate – 6%) annexed to the VAT Code, with the following reduction:
- 1.13 – Products similar to cheeses, without milk and dairy products, produced from nuts, cereals, prepared from cereals, fruits, vegetables or vegetables.
- 2.36 – The provision of repair services for household appliances. (includes appliances that are used in residential properties).
- 2.37 – Delivery and installation of solar thermal and photovoltaic panels. (note: the expression "delivery" means transfer of goods).
These new rates take effect on July 1, 2022.
Regarding the application of rates, it is recalled that under Article 7(1) of the VAT Code, the tax is due and becomes chargeable:
- a) in the case of transfers of goods, at the time when the goods are made available to the purchaser;
- b) in the supply of services, at the time of their performance;
- c) on imports, at the time determined by the provisions applicable to customs duties, whether or not such duties or other Community charges established within the framework of a common policy are due.
Notwithstanding the above, Article 8(1) of the VAT Code, and without prejudice to the provisions of Article 2 of the cash VAT system, provides that where the transfer of goods or the supply of services gives rise to the obligation to issue an invoice pursuant to Article 19, the tax shall become chargeable:
- a) if the time limit for the issue of the invoice is respected at the time of issue;
- b) if the time limit for issue is not respected, at the time of its termination;
- c) If the transfer of goods or the provision of services gives rise to payment, even if partial, prior to the issuance of the invoice, at the time of receipt of that payment, for that amount received, without prejudice to the tax in the preceding paragraph.
Finally, it should also be noted that an amendment is made to point f) of Sum 2.5 of list I annexed to the VAT Code, thus making menstrual hygiene products to be covered by a specific rule for this purpose, making their integration into the other paragraphs of that amount unnecessary.