NAFA order no. 253/2024 for the modification of the model, content and filling instructions of form 208 "Informative declaration regarding the tax on income from the transfer of real estate from personal patrimony", approved by the Order of the Minister of Public Finance and the Minister of Justice no. 1.022/2.562/2016 regarding the approval of the procedures for establishing, paying and rectifying the tax on income from the transfer of real estate from personal patrimony and the model and content of some forms used in the administration of income tax was published in the Official Gazette, Part I no. 135 of February 16th, 2024.

The reasons for the appearance of this order:

• By Government Emergency Ordinance no. 115/2023, amendments and additions were made to Law no. 227/2015 on the Fiscal Code, which concerned the declarative obligations of notaries public regarding the income tax from the transfer of real estate from personal patrimony.

Thus, for transactions carried out starting from January 1st, 2024, public notaries are obliged to submit the monthly information declaration provided for in art. 113 of the Fiscal Code (form 208 "Informative declaration regarding the tax on income from the transfer of real estate from personal patrimony"), until the 25th inclusive of the month following the one in which the documents regarding the transfer of real estate from personal patrimony were authenticated.

Also, the obligation to complete the above-mentioned declaration with the information related to the cadastral number of the alienated real estate was regulated.

• By Government Decision no. 1336/2023, the methodological norms given in the application of the provisions of art. 111 of the Fiscal Code, approved by Government Decision no. 1/2016, were modified and supplemented. Thus, by the mentioned normative act, several issues were regulated regarding the method of establishing the tax base for the transfer of the ownership right and its dismemberment (upon the transmission of the bare property or dismemberment, upon the transfer of several immovable properties through a single legal act, etc.).

Changes made in form 208:

• the inclusion in the content of the form of the information related to the cadastral number of the alienated real estate property;
• replacing the phrase "Taxable income" with the phrase "Tax calculation basis" to update the terminology used with the legal provisions in force;
• the instructions for completing the information declaration have also been updated accordingly.

Important: Form 208 will be submitted monthly (but not semi-annually) up to and including the 25th of the month following the one in which the documents regarding the transfer of real estate from personal patrimony were authenticated.

Note: The new form (provided in the annex to the order) is used to declare information on real estate transactions from the personal patrimony by notarial procedure, concluded starting from January 1st, 2024.

(Copyright foto: 123RF Stock Photo)