After the implementation of Romania’s new B2B e-invoicing regulations effective January 2024, the country introduced the Government Emergency Order no. 115/2023 with last-minute amendments.
The key amendments resulting from the new legislation can be summarized in 3 categories:
1. Exemptions from the e-reporting and e-invoicing mandate are clarified
The following transactions are explicitly exempted from the e-reporting mandate:
i. Intra-community supplies and exports
ii. Supplies of goods or services made to taxable entities not registered or established in Romania
iii. Supplies of goods or services for which simplified invoices are issued
iv. Provisions of services for which the invoice is not subject to invoicing rules applicable in Romania.
2. New 5-calendar days deadline to report e-invoices from July 2024
From July 2024 onwards, the requirement to issue e-invoices for transactions between established entities persists. The amendment sets forth that in the event of a taxpayer’s failure to generate an electronic invoice, they are obligated to submit it to the RO e-factura platform within 5 calendar days.
3. Penalties for businesses in the scope of e-invoicing starting from July 2024
From July 2024, established entities failing to comply with the issuance and receipt of e-invoices will be sanctioned with a fine equal to 15% of the total invoice amount.
Moreover, failing to report the invoice, which was not issued and automatically transmitted to the RO e-Factura within the additional 5 calendar days, is sanctioned with a fine of:
i. RON 5,000 (€1k) to RON 10,000 (€2k) for legal entities classified as large taxpayers;
ii. RON 2,500 (€500) to RON 5,000 (€1k) for legal entities classified as medium taxpayers;
iii. RON 1,000 (€200) to RON 2,500, (€500) for other legal entities, as well as for individuals.
