Tax Practice

Compliance Services

  • VAT COMPLIANCE SERVICES

We offer VAT Compliance Services ensuring the accurate and up to date administration of your indirect taxes. We help you save time spent on mandatory activities, assuring your company’s compliance with domestic and EU VAT regulations.

Our main goal is to achieve mitigation of the risks and maximization of the value of your business, by advising on  day-to-day matters as well as on specific transactions.

  • Drafting, issuing, archiving, reviewing invoices
  • Preparation, submission, signing or review of tax returns and periodical reporting and statements
  • Preparation and maintenance of VAT ledgers
  • Filing VAT reclaims and assist during VAT audits
  • Payment instructions and/or managing payments.
  • CORPORATE INCOME TAX

We offer Corporate Income Tax Compliance Services ensuring the accurate and up to date administration of your direct taxes. We help you save time spent on mandatory activities, assuring your company’s compliance with domestic Corporate Income Tax regulations.

Our main goal is to achieve mitigation of the risks and maximization of the value of your business, by advising on  day-to-day matters as well as on specific transactions.

  • Reviewing invoices and accounting documents and data used to compute the tax due;
  • Review transactions under domestic legislation vs. Double Tax Treaties
  • Prepare the Corporate Income Tax computation schedule and review non-deductible expenses alongside non-taxable revenues
  • Corporate income tax - preparation and filing of quarterly statements and annual corporate income tax returns
  • Payment instructions, liaison with the client’s bank as well as with the Romanian tax authorities
  • Representation in front of the Romanian tax authorities and related correspondence.
  • WITHHOLDING TAX COMPLIANCE SERVICES

We offer Withholding Tax Compliance Services ensuring the accurate and up to date administration of your direct taxes. We help you save time spent on mandatory activities, assuring your company’s compliance with domestic Withholding Tax regulations.

Our main goal is to achieve mitigation of the risks and maximization of the value of your business, by advising on day-to-day matters as well as on specific transactions.

  • Receiving the account listings and prepare withholding tax related returns
  • Assessment of the application of the withholding tax rate in accordance with the domestic legislation and / or the relevant Double Taxation Agreements concluded by specific territories and EU Directives;
  • Check the availability of tax residence certificates, where appropriate, and whether they are compliant with the local regulations in force
  • Compute the withholding tax and prepare withholding tax returns
  • Drafting and submitting withholding tax returns
  • Representation in front of the Romanian tax authorities and related correspondence.

Advisory in Indirect Taxation

  • VAT Registration

Our tax agency practice, including but not limited to registration, de-registration, appointing VAT representatives, registration of permanent establishments for VAT purposes span large and emphasize the following steps:

  • Preparation and submission of all relevant application forms
  • Translating documents relevant to the process
  • Advice on the information that needs to be provided to the tax authority
  • Advice on an appropriate date for the VAT registration to commence
  • Advice on local VAT rates and deductible VAT
  • Advice on bank guarantees and Fiscal Representation where required
  • Liaison with the local tax authority until the VAT registration number is issued

The service covers the entire process – from ensuring that the VAT Registration is appropriate, right through the VAT Registration number being issued. As an add-on we will offer consultancy services throughout the process by ensuring that the compliance process is correct, dully framed and frequently reported.

  • Comprehensive VAT review

Our VAT review services include VAT reviews by carrying out a critical analysis of sales and purchases activities of the business. We would also seek to identify any VAT exposures to assessments, interest charges and penalties. We can also consider any VAT implications arising from a prospective business plan and objectives to make sure that VAT does not compromise these arrangements.

Nevertheless, it is of utmost importance for companies to meet their VAT obligation that could be translated into liabilities and rights achieved. On top of that, alternatives could be found that will lead to VAT savings opportunities and one of the instruments in achieving such would be a VAT “health check” review. Our VAT “health check” review is customized on each client’s needs and our approach is tailor made for each one we performed, by putting into the right context the following items that we are looking at:

  • VAT implications of sales and acquisition contracts
  • Correct framing of the VAT on various operations
  • Inter-correlating the trial balance with the VAT returns
  • Inter-correlating the VAT returns with the VAT ledgers
  • Correct framing of the VAT operations within the VAT ledgers
  • Invoicing compliance
  • Inter-company billing
  • VAT registration structure
  • EC Sales Lists
  • Intrastat declarations
  • Accounts payable VAT recovery
  • Accounting for the reverse charge
  • Acquisition tax and import VAT position
  • VAT disputes

We offer services related to VAT disputes on VAT assessments, penalties and interest charges by liaising with the Tax Office and based on the facts, determine if a VAT issue exists and if so, advise on the best way on how to deal with it and appeal if necessary. As an add-on, our VAT disputes services include face to face negotiations and representation with Tax Offices that will include:

  • Various audits performed by Tax Offices
  • Rejected VAT claims and submitting related appeals and challenges
  • VAT treatment disputes
  • Penalties for non-compliance

Our experience and knowledge of local regulations triggers tailor made solutions and a suitable approach that ensure a positive outcome.

  • International VAT issues

Our International VAT issues services comprise full fledge advisory services such as:

  • VAT advice on cross border transactions
  • VAT grouping and procedure for such
  • Transfer of businesses, well known as the TOGC concept
  • Reverse charge mechanism
  • Multi-jurisdictional VAT advisory
  • VAT planning to minimize future costs
  • Specific consultancy on complex VAT legal issues
  • Expert VAT consultancy and technical expertise
  • International VAT advice and support through one point of contact who understands your business
  • International VAT advice and support through one point of contact who understands your business
  • Assistance with routine compliance issues resulting in a complex VAT advice
  • Value Added Tax – domestic law and EU directives

With the assistance of our international offices we can provide advice on how to approach trading in countries outside Romania, from an indirect tax and direct tax point of view. We can advise if fiscal representation is required in these countries and assist with the completion of tax and VAT returns as required. Our tailor-made approach combined with the local and international expertise will lead to the satisfaction of our clients and will increase awareness.

  • Claims for overseas VAT

Our VAT claims for overseas VAT services comprise full fledge VAT recovery from abroad by maximizing the leverage obtained emphasizing a four steps process such as:

  • Preparation and fill in:
    • We estimate volumes and workload;
    • We proceed to the verification of the tax status of each country of claim;
  • Audit and collection:
    • We proceed to a quick assessment on whether the VAT was due;
    • We proceed to the verification of the correctness of invoices;
    • We collect the invoices based on which the claim is done;
  • Filing claims and repayments:
    • We verify the content of the tax returns;
    • We fill in and submit the claims;
    • We contact Tax Office if needed;
    • We make sure the payment is correctly processed;
  • Monitoring and reporting:
    • We offer full support with the guarantee of an easy, quick and secured refund;
    • We monitor and report to the client throughout the process of submission;

Our know-how (efficiency), our professionalism and our permanent cooperation (close contact) with the Tax Authorities are allowing us to reach a refund rate of almost 100%. Where necessary, we will liaise with our international colleagues to expedite claims and deal with any questions raised by the overseas Tax Offices.

Advisory in Direct Taxation

  • Comprehensive Corporate Income Tax review

Our Corporate Income Tax (CIT) review services include CIT reviews by carrying out a critical analysis of sales and purchases activities of the business. We would also seek to identify any CIT exposures to assessments, interest charges and penalties. We can also consider any CIT implications arising from a prospective business plan and objectives to make sure that CIT does not compromise these arrangements.

Nevertheless, it is of utmost importance for companies to meet their CIT obligation that could be translated into liabilities and rights achieved. On top of that, alternatives could be found that will lead to CIT savings opportunities and one of the instruments in achieving such would be a CIT “health check” review. Our CIT “health check” review is customized on each client’s needs and our approach is tailor made for each one we performed, by putting into the right context the following items that we are looking at:

  • CIT implications of sales and acquisition contracts
  • Correct framing of the deductibility vs non-deductibility of the expense on various operations
  • Management fees deductibility
  • Local benefit tests for management fees and intercompany invoicing
  • Permanent establishment registration structure
  • Social expenses and deductibility exposure
  • Interest expense deductibility and excess of debt costs deductibility
  • Donations, sponsorship, protocol expenses and deductibility of such
  • Legal reserve awareness and correct computation
  • Corporate Income Tax disputes

We offer services related to Corporate Income Tax (CIT) disputes on CIT assessments, penalties and interest charges by liaising with the Tax Office and based on the facts, determine if a CIT issue exists and if so, advise on the best way on how to deal with it and appeal if necessary. As an add-on, our CIT disputes services include face to face negotiations and representation with Tax Offices that will include:

  • Various audits performed by Tax Offices
  • Rejected CIT claims and submitting related appeals and challenges
  • CIT treatment disputes
  • Penalties for non-compliance

Our experience and knowledge of local regulations triggers tailor made solutions and a suitable approach that ensure a positive outcome.

  • Withholding tax disputes

We offer services related to Withholding Tax (WHT) disputes on WHT assessments, penalties and interest charges by liaising with the Tax Office and based on the facts, determine if a WHT issue exists and if so, advise on the best way on how to deal with it and appeal if necessary. As an add-on, our WHT disputes services include face to face negotiations and representation with Tax Offices that will include:

  • Various audits performed by Tax Offices
  • Rejected WHT claims and submitting related appeals and challenges
  • WHT treatment disputes
  • Penalties for non-compliance

Our experience and knowledge of local regulations triggers tailor made solutions and a suitable approach that ensure a positive outcome.

  • Withholding tax claims

Our Withholding tax claims services comprise full fledge WHT recovery from the Romanian State Budget by maximizing the leverage obtained emphasizing a four steps process such as:

  • Preparation and fill in:
    • We estimate volumes and workload;
  • Audit and collection:
    • We proceed to a quick assessment on whether the WHT was due;
    • We proceed to the verification of the correctness of invoices, payments and tax residency certificates;
    • We collect the invoices, contracts and tax residency certificates based on which the claim is done;
  • Filing claims and repayments:
    • We verify the content of the tax returns;
    • We fill in and submit the claims;
    • We contact Tax Office if needed;
    • We make sure the payment is correctly processed;
  • Monitoring and reporting:
    • We offer full support with the guarantee of an easy, quick and secured refund;
    • We monitor and report to the client throughout the process of submission;

Our know-how (efficiency), our professionalism and our permanent cooperation (close contact) with the Tax Authorities are allowing us to reach a refund rate of almost 100%. Where necessary, we will liaise with our international colleagues to expedite claims and deal with any questions raised by the overseas Tax Offices.

  • Comprehensive Withholding Tax review

Our Withholding Tax (WHT) review services include WHT reviews by carrying out a critical analysis of sales and purchases activities of the business. We would also seek to identify any WHT exposures to assessments, interest charges and penalties. We can also consider any WHT implications arising from a prospective business plan and objectives to make sure that WHT does not compromise these arrangements.

Nevertheless, it is of utmost importance for companies to meet their WHT obligation that could be translated into liabilities and rights achieved. On top of that, alternatives could be found that will lead to WHT savings opportunities and one of the instruments in achieving such would be a WHT “health check” review. Our WHT “health check” review is customized on each client’s needs and our approach is tailor made for each one we performed, by putting into the right context the following items that we are looking at:

  • WHT implications of sales and acquisition contracts of services
  • Correct framing of the WHT on various operations
  • Assessment on permanent establishment implications
  • WHT on interest expenses
  • WHT on dividends
  • WHT on services
  • Assuring compliance with the Romanian Tax law
  • Correct framing on the EU Directives (Parent-Subsidiary, Interest&Royalties, Merger Directive)

Tax Controversy

  • Tax Audit

As governments seek to restore national finances, tax authorities come under pressure to increase tax revenues and tax audits are a key part of this. In Romania, a tax audit can be intimidating for the uninitiated. However, the audit process can be easier with proper preparation and the right advice.

We support during all stages of audit conducted by representatives of tax authorities. We prepare our clients for the potential audit by performing analysis of the documents in order to identify and eliminate sources of risk associated with the possibility of imposing a penalty by the tax authority. We participate on-site in the tad audit providing the client with appropriate arguments to defend its position by joint strategy and represent the client by providing both substantial and procedural support. Part of the work conducted by us is:

  • Legal analysis and factual investigation of the tax areas concerned
  • Independent assessment of the tax status of our clients prior to investigation, in order to identify in advance any areas of potential risk
  • Prepare and formulate our client’s position on the debated tax issues, by bringing legal arguments to defend the approach of our clients
  • Manage the tax audit process and focus on the most cost effective way to achieve the closure of the tax investigation carried out by the Romanian tax authorities, thus leaving the client’s personnel to concentrate on carrying on the normal business activities
  • Represent our clients in front of the Romanian tax authorities during the tax audit and during the final discussions with the Romanian tax inspectors in order to present the technical arguments and argue the client’s position clearly and persuasively
  • Assess the strengths and the weaknesses of our client’s approach to certain tax issues, with a view to evaluate the chances of succeeding in the event of a court trial with the Romanian tax authorities
  • Assist further in the litigation process, should the client decide to proceed on this course of action
  • Tax Litigation Support

Due to the often complex and technical nature of disputes today, there is a lot more to providing expert services than just writing reports and testifying. We provide clarifying technical expertise from before the time a case is filed, through expert reports, depositions, cross-examination, trials and even post-hearing briefs as required by the needs of the situation. Our professionals have diverse backgrounds with experience in audits and systems, business operations, business valuations, taxation, healthcare, insurance, etc. The firm can serve in what ever manner best fits your needs, as an advocate, working alongside you and your attorney, or as an impartial expert witness. Part of the work conducted by us is:

  • Up-to-date analysis of Romanian and EU tax legislation, rulings, key ECJ rulings on tax matters and other important risk areas identified in practice
  • Legal analysis, factual investigation and preparation of the grounds for appeal
  • Providing the client with a completely independent assessment of the tax matters under debate
  • Preparing and formulating the client’s position
  • Preparing written appeals
  • Representing the client in front of the tax authorities and during the final discussions with the Romanian tax inspectors to argue the appeal and advocate the client’s positions clearly and persuasively
  • Assessing the strengths and the weaknesses of our client’s approach to the tax issues under debate, with a view to evaluate the chances of succeeding in the event of a court trial with the Romanian tax authorities
  • Providing seamless representation together with the client’s lawyers / litigators

Tax Representation

We provide a full range of tax representation services, focussing on VAT and corporate income tax / capital gains tax and relying upon our deep knowledge of the Romanian taxation system and excellent communication with the local tax authorities in Romania.

  • VAT Representation

Our VAT representation practice include assistance during the VAT registration and de-registration process in Romania and a full range of related compliance services, preparation and submission of tax returns, tax payments, refund assistance, correspondence with the Romanian tax authorities, including without limitation:

  • General and specific assistance on VAT, depending on the operations carried out
  • Assistance during the process of registration for VAT purposes in Romania, and during the process of deregistration at the end of the activity in Romania
  • Declaration formalities, VAT payment, keeping the records required by law in respect of VAT in Romania
  • Intrastat declaration formalities
  • Assistance during the process of claiming VAT refunds
  • VAT-related audits, sanity checks and tax planning
  • Correspondence with tax authorities
  • Corporate Income Tax Proxy

We act as tax agents for non-Romanian clients conducting their business in Romania through a permanent establishment, carrying out real estate transactions in Romania or trading in Romania. Given the complexity and specific features of such projects, we usually recommend and undertake a thorough analysis of the project to identify the Romanian tax treatment applicable in the specific situation. The main proceedings include:

  • Assistance during tax registration in Romania, and during deregistration
  • Tax formalities such as filing tax returns and tax residency certificates
  • Providing tax payment instructions and assistance in paying taxes to the State budget
  • Assistance with any possible applications for refund of overpaid taxes
  • Correspondence with the Romanian tax authorities
  • Optimization of payment liabilities
  • Assistance and/or representation before tax authorities by means of explanatory reports or meetings
  • Capital Gains Tax Proxy

Our services include assistance during the capital gains tax registration and de-registration in Romania and the full range of related compliance services, submission of tax returns and tax residency certificates, liaison with brokers and custodians, correspondence with the Romanian tax authorities, tax payment instructions, refund assistance. The main proceedings include:

  • Assistance during tax registration in Romania, and during deregistration
  • Tax formalities such as filing tax returns and tax residency certificates
  • Providing tax payment instructions and assistance in paying taxes to the State budget
  • Assistance with any possible applications for refund of overpaid taxes
  • Correspondence with the Romanian tax authorities
  • Optimization of payment liabilities
  • Assistance and/or representation before tax authorities by means of explanatory reports or meetings
  • Claw-back tax representation

We act as claw-back tax representatives for pharma companies being obliged to report and pay this type of tax in Romania. The main proceedings include:

  • Advice on laws related to the claw-back tax and on legislative updates on reporting in the field
  • Notification of the Health Agency concerning representation for claw-back tax payment
  • Declaration formalities, requesting and sending records required by law regarding the claw-back tax in Romania
  • Providing instructions for payment of the quarterly contribution, and assistance in paying it to the State budget
  • Correspondence with relevant authorities, assistance in formulating notices, appeals etc.
  • Refunds of VAT, Withholding Tax, Dividend Tax and Capital Gains Tax

Our services dedicated to the refund of taxes paid in Romania target resident or non-resident clients that are interested in obtaining refunds such as:

  • VAT refund for non-resident companies
  • VAT refund for companies registered for VAT purposes
  • Refund of withholding tax, tax on dividends and capital gains tax

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LexTax Management & Advisory | Enlightened Consultancy
12 Horbotei Entrance, District 3, Bucharest, Romania, Postal Code 030465
Phone: +40 728 122 431 | Email: office@lextax.ro
TAx ID: 41463487

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