NAFA order no. 825/2024 for the approval of the procedure for implementing the provisions of art. 3212 para. (7) letter b) from Law no. 227/2015 on the Fiscal Code and for the approval of the model and content of the form (396) "Informative statement regarding cross-border payments made by payment service providers" was published in the Official Gazette, Part I no. 398 of April 29th, 2024.

● Who are the payment service providers and what obligations do they have:

Law 33/2024 defines payment service providers as credit institutions, electronic money issuing institutions, giro postal service providers and payment institutions.

Payment service providers are obliged to keep records of the payees and of the payments in connection with the payment services they provide for each calendar quarter, in order to allow the competent tax authorities to carry out checks on the supplies of goods and the provision of services that are considered to take place in Romania, in order to achieve the objective of combating VAT fraud.

● Main provisions of Order no 825/2024:

NAFA Order 825/2024 approves the new form 396 "INFORMATIVE DECLARATION REGARDING CROSS-BORDER PAYMENTS MADE BY PAYMENT SERVICE PROVIDERS"

The document applies to cross-border payments made starting from the 1st quarter of 2024, for which the submission deadline is April 30th, 2024.

The NAFA order also approves the procedure for reporting cross-border operations.

●How to submit form 396:

Form (396) "Informative statement regarding cross-border payments made by payment service providers" is submitted exclusively by electronic means of remote transmission, according to the law, no later than the end of the month following the expiration of the calendar quarter to which the information refers, which is considered to be the last calendar day of that month, even if it is a non-working day.

Payment service providers must validate the data contained in the form (396) before sending it to the National Agency for Fiscal Administration.

Payment service providers to whom the reporting obligation applies must use the form (396), as well as the assistance program, available on the NAFA portal, for the purpose of reporting the information provided in the order.

The reporting form is sent through the e-guvernare.ro portal, section "Submission of NAFA statements", in the form of a PDF file with attached XML, electronically signed, by means of remote transmission.

To submit form (396), payment service providers must hold a qualified certificate.

The form (396) circulates in electronic format at the central fiscal body - the National Agency for Fiscal Administration, through specialized structures, and is archived, in electronic format, in the centralized electronic archive. The data storage period is 5 years, calculated from the end of the calendar year in which they were received by the central fiscal body.

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