BDO Romania: Tax Alert – August 2021

Order no. 1.191/2021

In the Official Gazette no. 766 of August 6, 2021, was published Order no. 1.191/2021 for the approval of the Procedure for the implementation and administration of the fiscal group in the field of corporate income tax, as well as for the approval of the model and content of some forms.

As a reminder, through Law no. 296/2020 for the amendment and completion of Law no. 227/2015 on the Fiscal Code, the notion of fiscal consolidation from the perspective of corporate income tax was introduced. In order to set up a fiscal group, certain conditions will have to be met, the main condition being the holding, direct or indirect, at least 75 % of the value/number of shareholdings or voting rights for an uninterrupted period of one year prior to the start of consolidation.

The new regulations introduced by Order no. 1.191 / 2021 establish conditions regarding the constitution, modification and abolition of the fiscal group, as well as rules regarding the taxation of the fiscal group, among which we mention:

  • The flow of documents regarding the registration of the fiscal group and the settlement stages in case of rejection of the registration application by the specialized department;
  • Procedure regarding the modification of the fiscal group (entry / exit of a member of the group);
  • The procedure regarding the abolition of the fiscal group;
  • Reporting obligations for the members of the fiscal group.

Also, through Order no. 1.191 / 2021, the content and model of the following forms were approved:

  • Form 173 “Application regarding the fiscal group in the field of corporate income tax”;
  • Form 174 “Decision on approving / rejecting the implementation / maintenance of the fiscal group and continuing the system of fiscal consolidation in the field of corporate income tax”;
  • Form 175 “Decision on further amendments to the fiscal group in the field of corporate income tax”.
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