BDO: Tax and Legal Alert – May 2021

Law no. 101/2021

Law no. 101/2021 for the approval of the Government Emergency Ordinance no. 111/2020 regarding the amendment and completion of Law no. 129/2019 for preventing and combating money laundering and terrorist financing, as well as other normative acts

In the Official Gazette, Part I no. 446 of April 27, 2021 Law no. 101/2021 was published for the approval of the Government Emergency Ordinance no. 111/2020 regarding the amendment and completion of Law no. 129/2019 for preventing and combating money laundering and terrorist financing, as well as other normative acts (“Law no. 101/2021”), law that came into force on April 30, 2021.

By adopting Law no. 101/2021, the obligation to submit the annual declaration regarding the real beneficiaries of the companies has been reintroduced.

The law stipulates, among other things, that the legal entities subject to the obligation to register in the trade register shall submit upon incorporation, annually or whenever a change occurs, a statement on the beneficial owner of the legal entity, for registration in the Register of beneficial owners of companies. Autonomous companies, national companies, and companies wholly or majority owned by the state are exempted from the obligation to submit the declaration.

The annual declaration shall be submitted to the trade register office where the legal entity is registered within 15 days of the approval of the annual financial statements, and in case there is a change in the identification data of the beneficial owner, the declaration shall be submitted within 15 days from the date the change intervened.

The declaration of the beneficial owner will also have to be submitted by companies owned exclusively by individual persons, when they have the status of real beneficiary.

Government Emergency Ordinance no. 36/2021 and Government Emergency Ordinance no. 37/2021

Government Emergency Ordinance no. 36/2021 on the use of advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or qualified electronic time stamp and the qualified electronic seal of the employer in the field of labor relations, and for amending and supplementing regulations, Government Emergency Ordinance no. 37/2021 for the amendment and completion of Law no. 53/2003 – Labor Code and Order no. 632/2021 for the approval of the model and content of the form (300) “Value added tax return”

In the Official Gazette, Part I no. 474 of May 6, 2021 Government Emergency Ordinance no. 36/2021 on the use of advanced electronic signature or qualified electronic signature, accompanied by the electronic time stamp or qualified electronic time stamp and the qualified electronic seal of the employer in the field of labor relations, and for amending and supplementing regulations (“GEO no. 36/2021”) and Government Emergency Ordinance no. 37/2021 for the amendment and completion of Law no. 53/2003 – Labor Code (“GEO no. 37/2021”) were published and came into force on May 6, 2021.

By adopting the GEO no. 36/2021, the following measures of interest in the field of labor law have been ordered:
at the conclusion of the individual employment agreement / addendum to the agreement, the parties may choose to use the advanced electronic signature or the qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the qualified electronic seal of the employer;
the employer may choose to use the advanced electronic signature or the qualified electronic signature, accompanied by the electronic time stamp or the qualified electronic time stamp and the employer’s qualified electronic seal, to prepare all employment documents / documents resulting from the conclusion of the individual employment agreement, during its execution or at the termination of the individual employment agreement, under the conditions established by the internal regulation and / or the applicable collective labor agreement, according to the law;
in the employer’s relations with public institutions, when preparing documents / documents in the field of labor relations / occupational safety and health, the employer may use the advanced electronic signature or the qualified electronic signature, accompanied by the electronic time stamp or qualified electronic time stamp and the qualified electronic seal;
changing the definition of telework by eliminating the phrase “at least one day a month”. Thus, in the light of the new changes, telework is defined as the form of work organization through which the employee, regularly and voluntarily, fulfills his duties specific to the position, occupation or trade he holds elsewhere than the work organized by the employer, using technology information and communications.
By adopting GEO no. 37/2021, the measures of interest in the field of labor law that have been ordered were the elimination of the obligation to prepare the job description, the register of attendance and the internal regulations for micro-enterprises that have less than nine employees.

Order no. 632/2021

In the Official Gazette no. 464 of May 4, 2021, was published Order no. 632/2021 for the approval of the model and content of the form (300) “Value added tax return”.

The order provides for the updating of the D300 form, following the amendments brought by Law 296/2020. The new model of the VAT return is used starting with the declaration of the fiscal obligations related to June 2021. The main modifications provided in the Order are:

in the introductory part of the return was introduced a new box called Consolidated VAT return, submitted by the representative of the single tax group, established according to art. 269 paragraph (9) of Law no. 227/2015 on the Tax Code, with subsequent amendments and completions, which will be ticked by the representative of the tax group when completing the consolidated tax return.
are not included in the return at row 40 the amounts representing VAT which, at the date of submitting the return, are not considered overdue according to art. 157 para. (2) of the Fiscal Procedure Code or according to other laws. The amounts that subsequently become outstanding are included in the statement of the fiscal period in which this situation occurs. According to the old provisions, the cumulated payment tax did not include the amounts unpaid to the state budget until the date of filing the return, from the VAT payment differences established by the tax inspection bodies by decisions whose execution was suspended by the court, according to law, during the periods when the execution of the decision is suspended.

BDO Tax SRL, a Romanian limited liability company, is a member of BDO International Limited, a UK company limited by guarantee, and forms part of the international BDO network of independent member firms. BDO is the brand name for the BDO network and for each of the BDO Member Firms.