Mandatory electronic invoicing starting January 1, 2024 – draft law | Tax Flash 91

On September 19, 2023, a draft Law was published regarding some fiscal and budgetary measures to ensure the financial sustainability of Romania in the long term, in the framework of which it is proposed to introduce new provisions regarding the RO e-invoice system. Note that the draft law contains a series of changes for which we will return with information after publication in the Official Gazette.

Regarding the e-Invoice system, according to the Project, starting with January 1, 2024, the e-Invoice system will become mandatory for the following companies:

• taxable persons established in Romania according to art. 266 para. (2) of the Fiscal Code, regardless of whether or not they are registered for VAT purposes, for the supply of goods and the provision of services that take place in Romania according to art. 275, 278 – 279, carried out in the B2B relationship;
• taxable persons established in Romania according to art. 266 para. (2) of the Fiscal Code, regardless of whether or not they are registered for VAT purposes, for supplies of goods and services that take place in Romania according to art. 275, 278 – 279 of Law no. 227/2015, carried out in the relationship with public institutions, as defined in art. 5 lit. w) from the Government Emergency Ordinance no. 57/2019 on the Administrative Code, other than those carried out in the B2G relationship;
• non-established taxable persons, but registered for VAT purposes in Romania, for the supply of goods and the provision of services that have the place of delivery/provision in Romania according to art. 275, 278 – 279 of the Fiscal Code, carried out in the B2B relationship.

Exempted are the deliveries of goods provided for in art. 294 para. (1) lit. a) and b) and para. (2) of the Fiscal Code (exports, intra-community deliveries).

The deadline for sending the invoices in the national system regarding the electronic invoice RO e-Invoice is 5 working days from the date of issuing the invoice, but not later than 5 working days from the deadline provided for issuing the invoice in art. 319 para. (16) of the Fiscal Code.

The following fines are provided for non-compliance with the use of the e-Invoice system:

• 5,000 lei - 10,000 lei for large taxpayers;
• 2,500 lei - 5,000 lei for medium taxpayers;
• 1,000 lei - 2,500 lei for other legal entities, as well as for natural persons.

The draft also mentions a grace period of 3 months (January 2024 – March 2024), during which the sanctions will not be applied.