The NAFA Order no. 310/2023 for the approval of the model and content of form 101 Fiscal group Consolidated declaration regarding the profit tax determined by the fiscal group, as well as for the modification and completion of the Order of the president of the National Agency for Fiscal Administration no. 3.386/2016 for the approval of the model and content of forms 101 Profit tax declaration and 120 Excise tax return was published in the Official Gazette no. 201 of March 10th, 2023.

The reasons for this order

Law no. 296/2020 amended and supplemented Law no. 227/2015 on the Fiscal Code, establishing rules on fiscal consolidation in the field of profit tax.

The new regulations establish the conditions regarding the establishment, modification and dissolution of the fiscal group in the field of profit tax, as well as rules regarding the taxation of the fiscal group.

The determination of the consolidated fiscal result of the fiscal group, the submission of the profit tax declaration and the payment of the profit tax on behalf of the group are carried out by the responsible legal person, designated according to the law.

The responsible legal person is obliged to submit a consolidated annual declaration regarding the profit tax owed by the fiscal group. The declaration is submitted to the competent fiscal body, together with the annual profit tax declaration of each member of the fiscal group.

Considering the mentioned provisions, through this draft order, the following are proposed:

The main provisions

1. The model and content of form 101 Fiscal group Consolidated declaration regarding the profit tax determined by the fiscal group is approved.

2. Form 101 Profit tax declaration is amended and completed as follows:

2.1. The declaration is also completed by the members of the fiscal group in the field of profit tax. In this situation, the column Declaration submitted by a member of a fiscal group in the field of profit tax is checked. Each member of the fiscal group completes his own declaration, with the help of the assistance computer application. The electronically signed declaration is sent to the legal entity responsible for the fiscal group in the field of profit tax, in electronic format.

2.2 Line 39 - is completed with the amount of fiscal losses to be recovered from previous periods, both from activities in Romania and from external sources. This row does not include fiscal losses from previous years, regulated by art. 40 of Law no. 227/2015, with subsequent amendments and additions, not recoverable from the taxable profit of the reporting year.

2.3 Line 40 - is completed with the amount of the taxable profit/fiscal loss to be recovered in the following years.

2.4 In the case of members of a fiscal group in the field of profit tax, the following will be considered:

2.5 Row 43.1 - enter the amounts representing the expenses of sponsorship and/or patronage, the expenses related to private scholarships, granted according to the law, as well as the amounts representing the expenses related to goods, financial means and services granted to the United Nations Children's Fund - UNICEF, as well as to other international organizations that carry out their activity according to the provisions of special agreements to which Romania is a party.

2.6 In the case of members of a fiscal group in the field of profit tax, rows 41.2, 47, 49, 51-53 of the form are not completed."

Remember! The provisions of this order apply to the declaration of the annual profit tax due starting from fiscal year 2022.

(Copyright foto: 123RF Stock Photo)