Local business legislation and practices in the spotlight
Experts also weighed in on various tax and law matters. Luisiana Dobrinescu, lawyer at Dobrinescu Dobrev, addressed anti-tax fraud measures and other legal aspects of interest to SMEs. “As you may have seen, in recent months there has been a good marketing campaign from ANAF – Your Tax. All the financial administrations had banners and roll-ups, which hadn’t seen before, with posters urging voluntary compliance, which is not a bad thing. But you may have also noticed a pretty aggressive campaign by the relatively newly established general anti-tax fraud department that closed companies for RON 10.”
She added that it was very useful, in the event of a tax inspection, for a businessperson to know how to protect themselves from their co-contractors’ fraud. “Over the past two years, about 60 percent of the complaints I have dealt with arise because a beneficiary of services, my client, has contracted deliveries of goods or services from a company that has not paid its taxes to the state. ANAF sanctions such firms through non-deductibility and requests for money back from these beneficiaries.”
She advised that that civil conventions should be used only for occasional activities “if you are busy and need a person for a project for only two or three months”. Dobrinescu also talked about fiscal re-qualification following the IRS model. “It has a few dozen questions, including what you do in your line of work. So this IRS model of questions will determine through self-assessment your dependent or independent character.”
The lawyer noted that for each set of services, both provider and beneficiary must complete a statement specifying the amount of money on the contract and the identifier, which is the tax receipt.