On the morning of 19 September, the Romanian Ministry of Finance published the long-awaited draft legislation aimed at regulating the introduction of an e-invoicing mandate on 1 January 2024. If implemented, it will fully utilize the earlier derogation decision issued by the EU Commission.
The legislative proposal outlines a roadmap for the rapid, albeit gradual introduction of the mandate. Primarily, the extended obligation for all B2B invoices issued by Romania-established entities to be reported via RO-eFactura will still apply from 1 January 2024, with a RO-eFactura issuing obligation commencing half a year later, on 1 July 2024. It’s essential to note that this obligation will also apply to non-established Romania VAT-registered economic operators.
Deadlines and Penalties
Furthermore, the bill plans to sanction the use of e-invoicing with the introduction of reporting deadlines and non-compliance penalties.
Starting from 1 January, the deadline for submitting invoices to the RO eInvoice system will be 5 working days from the invoice’s date of issue. Non-compliance penalties will vary based on the size of the taxpayer. The current penalties are set to range:
• From 5,000 RON to 10,000 RON for large taxpayers
• From 500 RON to 5,000 RON for medium taxpayers
• Up to 2,500 RON for other taxpayers and natural persons
The project includes provisions for a grace period, during which penalties for noncompliance with the invoice reporting requirements will not apply, starting from 1 January 2024, and ending on 31 March 2024.
Full implementation of the system is planned to commence on 1 July 2024, when the invoice reporting obligation will transform into an obligation to issue e-invoices via RO-eFactura.
The project also introduces an additional set of sanctions against prospective e-invoice recipients with a distinction between B2B and B2G relations. These will apply without any prior grace period from 1 July 2024.
Accepting B2B invoices not issued via the RO-eFactura will be an offense with a fine equal to the amount of VAT featured in the invoice. In the case of B2G relations, the same action will be sanctioned by a fine ranging from 500 to 1,000 RON
Choice for Non-Residents
The use of the e-invoicing system will remain optional for entities established outside Romania. To use the system, such entities will have to sign up for the RO-eFactura Register first. The exact procedure for such registration is yet to be released.
Why Choose Comarch?
As an experienced EDI provider, Comarch has been involved in setting up numerous e-invoicing operations around the world, including Romania. We are closely monitoring current developments to deliver optimal solutions tailored to the specific market.