Currently, the Fiscal Code allows deferment of VAT payment through customs during imports made by business entities that:

i) received a payment deferment certificate (economic operators who during the last 6 months imported with a total value of at least 50 million lei),

ii. obtain an authorized economic operator (“AEO”) certificate or

iii. received permission to submit a customs declaration in the form of an entry in the declarant’s record (“EIDR”).

More specifically, businesses eligible for this option do not actually pay VAT related to the import during customs clearance, but only enter the amount of VAT from the import as collected tax and deductible tax in the report with VAT for the month in which the customs transaction was carried out.

There is no official monitor. 1139 on Friday, December 15, extraordinary resolution no. 115/2023 regarding some fiscal and budgetary measures in the field of public spending, for fiscal consolidation, combating tax evasion, for amending and finalizing some regulatory acts, as well as for extending some deadlines.

One of the measures introduced by this order, in the context of improving the efficiency of meeting budget obligations and with the aim of ensuring better VAT payment to the state budget, is the possibility of deferring the payment of VAT to customs for persons who have received an AEO certificate. The event is valid from January 1, 2024.

Business entities certified by the AEO will still be able to use this option only if the customs declaration is submitted using centralized customs clearance.

The centralized customs clearance procedure allows, under certain conditions, business entities that have an AEO certificate (that is, both the importer and his customs representative) to submit an import (or export) customs declaration to one customs office, according to the one responsible for the place, where they are installed, even if the goods have to be physically presented at other customs of the country.

Regarding the postponement of VAT payment at customs for those who have received an EIDR permit (submission of a customs declaration in the form of an entry in the declarant’s records), the presence of a permit is no longer sufficient. In order to take advantage of the deferred payment of VAT at customs, it is necessary to submit a customs declaration according to the simplified procedure of EDRP.

In summary, in order to continue to benefit from VAT deferral on imports, AEO certified economic agents (who have imported below the threshold of RON 50 million in the last 6 months and who are not eligible for a VAT deferral certificate at customs) must be aimed at the use of simplified customs clearance procedures, i.e. submitting a customs declaration through the use of centralized customs clearance or registration in the declarant’s records, also affecting the reduction of waiting time at customs.

The article is signed by Georgiana Jancu, Partner, Head of Indirect Tax, EY Romania, Mihai Petre, International Trade Director, EY Romania and Daniela Neagoe, Senior International Trade Manager, EY Romania

Article supported by EY Romania