The emergency ordinance regarding the combat of fiscal fraud contains a series of details that breeches the communitarian law. The Romanian Government risks, thus, drastic sanctions from the European Union, Deloitte Tax fiscal experts warn. The project entails setting up control centres for VAT payment for inter-community acquisitions of cereals, vegetables, fruit, meat, fish, sugar and construction materials.
"Although the project's grounding note signals a breech in communitarian regulations, the Government is probably relying on a delayed reaction from the EC, betting on complex and long-lasting procedures hat lead to the infringement procedure start", Deloitte Tax partner Pieter Wessel declared.
Wessel indicated that setting such commerce barriers means a breech in the fundamental principle of free movement of goods, agreed by the Romanian state when signing the Accession Treaty.
"Such an action will surely be promptly fined by the European institutions and the Romanian state could find itself in the position to put up with significant costs", Pieter Wessel said.
Plus, the proposal to reintroduce the taxes for some luxury products, like furs, perfumes and jewelleries, breaches the Treaty regarding the Operation of the European Union.
In these conditions, all who will have to pay these taxes could ask for their return from the Romanian state. Moreover, the European Commission has already notified Romania on the breech of the communitarian law and the Romanian state has agreed to get rid of these internal taxes starting with January 1 2010", Pieter Wessel stressed.
At the same time, to ban the warehouses meant to store taxable products - alcohol, tobacco, energetic products - starting August 1, 2010, represents an additional obstacle for their commerce. Plus, such a measure severely violates the principle of judicial security, a principle according to which any tax-payer needs to have a guaranty of law stability which offers the possibility of planning a long-term activity.