Romania

There are no deviations from the Directive.

As per the definition, the intermediary is represented by any person that designs, markets, organises or makes available for implementation or manages the implementation of a reportable cross-border arrangement.

No.In case there is no intermediary involved the reporting obligation in respect of a reportable cross-border arrangement lies with the relevant taxpayer.

These actions are not defined.

There are no deviations from the Directive.

There are no deviations from the Directive.

The relevant taxpayer is obliged to report in case there was no intermediary involved.Intermediaries which, according to the law, are under the duty of professional secrecy are required to report cross-border arrangements, provided they have the written consent of the relevant taxpayer. In case the intermediary is not released by the relevant taxpayer from its confidentiality obligation, the intermediary under the duty of professional secrecy must notify, in writing, any other intermediary involved in the cross-border arrangement about his inability to report, thus transferring this reporting obligation to the respective intermediary. If there is no such other intermediary, the relevant taxpayer will ultimately have the reporting obligation.

There are no deviations from the Directive.

There are no deviations from the Directive.

In cases where a multiple reporting obligation arises, the intermediary shall be exempt from filing the information in Romania if it holds and presents to the Romanian Tax Authorities conclusive proof, demonstrating that the same information has been reported to the relevant tax authority from another member state.However, at this point, there is no further guidance with reference to what conclusive proof refers to.

An intermediary shall be exempt from filing the information with the Romanian Tax Authorities only to the extent that there is conclusive proof, demonstrating that the information has already been filed with the Romanian Tax Authorities by another intermediary.However, at this point, there is no further guidance with reference to what conclusive proof refers to.

Relevant taxpayers shall be exempt from the reporting obligation if they hold conclusive proof demonstrating that the information was filed with the Romanian Tax Authorities by another relevant taxpayer.The relevant taxpayer reports to the Romanian Tax Authorities information regarding the use of the reportable arrangement each year the arrangement is in place.However, at this point, there is no further guidance with reference to what conclusive proof refers to.

Relevant taxpayers shall be exempt from the reporting obligation if they hold conclusive proof demonstrating that the information was filed with the Romanian Tax Authorities by another relevant taxpayer.The relevant taxpayer reports to the Romanian Tax Authorities information regarding the use of the reportable arrangement each year the arrangement is in place.However, at this point, there is no further guidance with reference to what conclusive proof refers to.

There is no specific guidance.

National tax arrangements are not subject to report.

Direct taxes are affected.There are no deviations from the Directive.

In the case of hallmark B.1., the national law expressly mentions that artificial transactions also refer to artificial cross-border transactions, as defined in the local tax law. Artificial cross-border transactions are defined in the local law as cross-border transactions that have no economic substance and cannot be used in the normal course of business, their essential scope being to avoid taxation or to obtain tax advantages otherwise not available.In the case of hallmark C.1, b), the local legislation expressly mentions that the jurisdiction under scrutiny is the one that does not impose any corporate tax or imposes corporate tax at the rate of zero or less than 1%.

There are no deviations from the Directive.

The main benefit test is fulfilled, if the main benefit or one of the main benefits with regard to all relevant facts and circumstances a person may reasonably expect to derive from an arrangement is obtaining a tax advantage.

There is no explicit definition in local legislation.

There are no deviations from the Directive.

There is no white list defining arrangement explicitly excluded from reporting obligation.

There are no deviations from the Directive.

There is no specific guidance.

There is no specific guidance.

There is no specific guidance.

There are no deviations from the Directive.

There is no specific guidance.

There is no specific guidance.

Intermediaries and taxpayers report to the Romanian Tax Authorities information regarding reportable cross-border arrangements, for which the first step was implemented between 25.06.2018 and 30.06.2020. The deadline for filing the report is 28.02.2021.After 01.07.2020, intermediaries/ taxpayers report to the Romanian Tax Authorities information regarding reportable cross-border arrangements made available to them or information they hold or control in 30 days. In the specific case of cross-border arrangements carried out between 1 July 2020 – 31 December 2020, the 30-day reporting deadline has as starting date 1 January 2021.

There is no specific guidance.

28.02.2021.

31.01.2021.

30 days after the triggering event.

- for not filing a report or late filing of a report;- in the specific case of the intermediary, failure to notify another intermediary involved or the relevant taxpayer with reference to the pass-on of the reporting obligation.

1. For not filing a report or late filing of report: fine between RON 20,000 and RON 100,000 (i.e., approx. EUR 4,000 and EUR 20,500);2. In the specific case of the intermediary, failure to notify another intermediary involved or the relevant taxpayer with reference to the pass-on of the reporting obligation: fine between RON 5,000 and RON 30,000 (i.e., approx. EUR 1,000 and EUR 6,200)

No distinction is made between intermediaries and relevant taxpayers.

There are no penalties for redundant reports.

There is no official guidance on gradations for the intervals mentioned below. The actual value applied is decided on a subjective basis by the tax administration on a case by case basis:- For not filing a report or late filing of report: fine between RON 20,000 and RON 100,000 (i.e., approx. EUR 4,000 and EUR 20,500);- In the specific case of the intermediary, failure to notify another intermediary involved or the relevant taxpayer with reference to the pass-on of the reporting obligation: fine between RON 5,000 and RON 30,000 (i.e., approx. EUR 1,000 and EUR 6,200)

The penalties do not differ.

Romanian legal entities, resident natural persons and the foreign legal entities operating in Romania through a permanent establishment have the obligation to register with the Romanian Tax Authorities the agreements concluded with non-resident entities/ individuals performing services in Romania.

There are no other deviations from the Directive.

National Agency of Fiscal Administration.

There are no other obligations.

The primary reporting obligation lies with the intermediary.The relevant taxpayer is obliged to report in case there was no intermediary involved.Intermediaries which, according to the law, are under the duty of professional secrecy are required to report cross-border arrangements, provided they have the written consent of the relevant taxpayer. In case the intermediary is not released by the relevant taxpayer from its confidentiality obligation, the intermediary under the duty of professional secrecy must notify, in writing, any other intermediary involved in the cross-border arrangement about his inability to report, thus transferring this reporting obligation to the respective intermediary. If there is no such other intermediary, the relevant taxpayer will ultimately have the reporting obligation.

Yes.

Professional secrecy.

The concepts of "professional privilege" or "professional secrecy", depending on the case, are defined as per the local legislation governing specific professions.

The applicability of "professional secrecy" or "professional privilege" is defined in local legislation governing specific professions.

Professional secrecy is an obligation.The intermediary subject to professional secrecy may report a cross-border arrangement only with the written consent of the relevant taxpayer.

The intermediaries subject to professional secrecy are required to notify in writing other intermediaries or the relevant taxpayer in case no other intermediaries exist.

No.