Fiscal subject related
The normative act brings a series of amendments and completions to the up-mentioned Law 207/2015 to, among others, regulate the obligation to report by postal service providers the specific information on postal items for which the recipient pays to the sender through the postal network the value of the delivered good/s.
As ANAF states in its’ latest press release, the purpose of this legislative update is to prevent and combat tax evasion more efficiently in the field of online trade, as well as to protect the interest of buyers in that field.
One of the objectives of this measure is to identify the real beneficiaries who evade the taxes and duties due, by collecting in the form of reimbursements through the postal service providers obtained from the transactions carried out in the online environment.
"By establishing the reality of the commercial relationship between the buyer and the seller involved in the online trade, ANAF may have access to the confirmation of at least the beneficiary, who has the direct interest to receive a fiscal invoice and thus to benefit from the legal guarantee and indirectly to determine the payment of taxes and fees related to the revenues collected by the seller from the sale of the respective products", say the ANAF representatives.
Therefore, more data will be collected from parties involved in these transactions, but ANAF representatives point out that the data collected complies with the constitutional norms regarding intimate, family and private life, as well as the secrecy of correspondence, without referring to the content of the package itself. Moreover, in order to exercise its specific legal powers to prevent and combat tax evasion, ANAF currently processes personal data in compliance with the EU GDPR regulative standards.
The emergency Ordinance adopted by the Government enters into force with the publication in the Official Gazette of Romania, and the transmission of the data will be made after the adoption of the order of the ANAF president, which will provide the model of declaration with further details.
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