28 Mai 2010
Romania risks EU sanctions over new anti tax-fraud provisions
The emergency ordinance on measures for combating tax evasion contains a set of provisions which puts Romania in breach of community law, the Government hence risking drastic sanctions from the European Union, said the tax experts at Deloitte Tax.
The project envisages the creation of check posts for the collection of VAT on the intra-community acquisitions of grains, vegetables, fruits, meat, fish, sugar and construction materials.
“Even though the rationale for the project points to a violation of the community law, the Government is probably relying on a delayed reaction from the European Commission, counting on the complex and lengthy procedures necessary for the beginning of infringement procedures by the Commission”, said Pieter Wessel (photo), Deloitte Tax Partner.
“The installation of these trade barriers represents a breach of the fundamental principle of free movement of goods across EU, to which Romania adhered by signing the Treaty of Accession. The action will surely be sanctioned promptly by the European institutions and Romania would be liable for significant associated costs”.
The proposal to reintroduce duties on luxury goods (furs, fragrances, jewelry) is also a breach of the Treaty on European Union.
“Under these circumstances, those who will be bound to pay these taxes will be able to apply for a refund from the Romanian state. Moreover, the European Commission has already warned Romania over this violation of community law, and authorities agreed to lift internal duties as of January 1, 2010”, said Pieter Wessel.
Imposing a ban on the operations of bounded warehouses of dutiable goods storage (alcohol, tobacco, energy products) as of August 1, 2010 poses an additional obstacle to trading these goods. This measure is also a major compromise of the judicial security principle, whereby any taxpayer must have a guarantee of the legislation stability that could enable him to make long-term projections of his activity.
“Even though the rationale for the project points to a violation of the community law, the Government is probably relying on a delayed reaction from the European Commission, counting on the complex and lengthy procedures necessary for the beginning of infringement procedures by the Commission”, said Pieter Wessel (photo), Deloitte Tax Partner.
“The installation of these trade barriers represents a breach of the fundamental principle of free movement of goods across EU, to which Romania adhered by signing the Treaty of Accession. The action will surely be sanctioned promptly by the European institutions and Romania would be liable for significant associated costs”.
The proposal to reintroduce duties on luxury goods (furs, fragrances, jewelry) is also a breach of the Treaty on European Union.
“Under these circumstances, those who will be bound to pay these taxes will be able to apply for a refund from the Romanian state. Moreover, the European Commission has already warned Romania over this violation of community law, and authorities agreed to lift internal duties as of January 1, 2010”, said Pieter Wessel.
Imposing a ban on the operations of bounded warehouses of dutiable goods storage (alcohol, tobacco, energy products) as of August 1, 2010 poses an additional obstacle to trading these goods. This measure is also a major compromise of the judicial security principle, whereby any taxpayer must have a guarantee of the legislation stability that could enable him to make long-term projections of his activity.