Electronic invoicing guide
Romania

The Romanian Ministry of Finance has published a draft law proposing new budgetary measures, including the implementation of the e-invoicing mandate.

The e-invoicing obligation in B2G has been in force since 2021.

As of July 2022, B2B taxpayers dealing with high tax risk products must submit electronic invoices through the RO e-Invoice system.

These high-risk products include items such as fruit and vegetables, alcohol, construction materials, mineral products, clothing and footwear.

It is planned to extend the obligation to all other taxpayers beginning in January 2024.

Although the draft law maintains the implementation date of January 2024 as previously approved by the EU Council, it proposes an invoice notification system to be operational within the first 6 months, and the electronic invoicing system (RO e-invoicing) to be fully implemented by July 2024.

In addition, a grace period of 3 months – between January and March 2024 – is proposed during which no penalties will be imposed.

The updated timetable is as follows: 

January 2024: Established taxable persons and VAT-registered entities must submit invoices in the RO e-Invoice system within five days of their issue for reporting purposes (e-Reporting B2B, B2C, B2G).

April 2024: Fines will be applied to non-compliant taxpayers.

July 2024: The system becomes a full invoice clearing system that also transmits invoices to commercial parties registered in Romania, similar to the Italian model (E-Invoicing B2B).

Non-compliance:

For non-compliance with the obligation to provide the tax authorities with the information necessary to determine their tax status, a penalty of between RON 4,000 (EUR 804.2) and RON 10,000 (EUR 2,010.5) may be imposed for legal persons classified in the category of medium and large taxpayers and a penalty of between RON 2,000 (EUR 402.01) and RON 5,000 (EUR 1,005.02) for other legal persons.

For failure to comply with the obligation to make records, documents, business documents or any other documents available to the tax authority at the place indicated by the tax authority or for any other failure, a penalty of between RON 25,000 (EUR 5,025.13) to RON 27,000 (EUR 5,427.13) for legal persons classified in the category of medium and large taxpayers and a penalty of between RON 6,000 (EUR 1,206.03) and RON 8,000 (EUR 1,608.04) for other legal persons.

For non-compliance with the filing rules, a penalty of between RON 12,000 (EUR 2,412.06) and RON 14,000 (EUR 2,814.07) could be imposed for medium and large taxpayers and between RON 2,000 (EUR 402.01) and RON 3,500 (EUR 703.52) for other legal persons.