Following the recent enactment of the law implementing the B2B e-reporting and e-invoicing mandate in Romania, a draft amendment has been published by the Ministry of Finance, on December 13, 2023, introducing some new requirements to the existing mandate.
Among other measures and clarifications, the draft law aims to implement the following obligations:
- A new requirement – applicable to the transactions subject to e-invoicing from July 2024 – to report invoices within 5 calendar days, is introduced. This amendment would add an additional requirement for the issuer to report the invoice within 5-calendar days if they have failed to issue and transmit it to the RO e-Factura, as required by the e-invoicing mandate.
- New penalties for businesses in the scope of e-invoicing starting from July 2024, are also introduced, namely:
- from July 2024, when the issuer, in a B2B transaction between established entities, fails to transmit the invoice through the RO e-Factura platform, a fine equal to 15% of the total invoice amount is applicable.
- moreover, failing to report the invoice, which was not issued and transmitted to the RO e-Factura, within the additional 5 calendar days, is sanctioned with a fine of:
- RON 5,000 (€1k) to RON 10,000 (€2k) for legal entities classified as large taxpayers;
- RON 2,500 (€500) to RON 5,000 (€1k) for legal entities classified as medium taxpayers;
- RON 1,000 (€200) to RON 2,500, (€500) for other legal entities, as well as for individuals.
