OSS (One Stop Shop) VAT regime

by Florin Gherghel, Tax Manager Ensight Finance

Based on the provisions of Government Emergency Ordinance no. 59/2021, the VAT regime for transactions with non-taxable persons was significantly changed in Romania. The system already exists in the Romanian Fiscal Code under the name “Mini One Stop Shop” (MOSS), but only for electronic services.

Starting with July 1, 2021, the system was expanded for several categories of transactions, becoming “One Stop Shop” (OSS).

These provisions aim to extend the simplification measures applicable to certain transactions with non-taxable persons (mainly natural persons) and applying VAT from the member state of the buyer (thus, it would be avoided the registration for VAT purposes in more EU states).

Starting with July 1, 2021, 3 special OSS regimes will be in force:

a) the special regime for certain services provided by taxable persons not established in European Union towards non-taxable persons;

b) the special regime for intra-community distance sales of goods between member states, for deliveries of domestic goods made by electronic interfaces facilitating such deliveries and for certain services provided by taxable persons established in EU towards non-taxable persons but not in the Member State of consumption;

c) the special regime for the distance sale of goods imported from outside EU.

A single ceiling of EUR 10,000 (RON 46,337 in Romania) has been set in all member states for intra-community deliveries of distance goods or, inter alia, for services provided electronically. Thus, in case of exceeding this threshold, the special regime is applied. However, it is possible to opt for the application of the special regime for at least two calendar years, even if the ceiling is not exceeded.

Basically, in the case of sales to individuals from other EU countries, a Romanian company will apply: (i) the Romanian VAT rate for sales under the ceiling; (ii) the VAT rate in the buyer’s state for sales over-the-ceiling.

 

1. The special regime for services provided by taxable persons not established in European Union

 

Any taxable person not established in European Union may use a special regime for all services provided to non-taxable persons who are established in EU. The special regime allows, inter alia, the registration in a single member state of a taxable person not established in EU for all services provided to non-taxable persons established in EU.

The entity will receive a special registration code for VAT purposes, and it is not necessary to appoint a tax representative.

By the end of the following month after the end of each calendar quarter, this entity must submit a special VAT return (in EUR), regardless of whether or not services have been provided under the special regime, which will contain: (i) the special registration code for VAT purposes; (ii) total value, excluding VAT, of the services under the special regime, the applicable VAT rates and the corresponding amount of VAT subdivided into quotas, due to each member state of consumption, (iii) the total amount of VAT due in EU.

The taxable person not established in EU must pay the total amount of VAT due in EU, in a special account, in EUR, until the date on which it has the obligation to submit the special declaration. It cannot deduct VAT through the special tax return, but it could request a VAT refund under certain conditions (amongst others, if there is a reciprocity agreement regarding the VAT refund between Romania and the respective country).

 

2. The special regime for the distance sales of intra-community goods, for the deliveries of internal goods made by the electronic interfaces that facilitate these deliveries and for the services provided by taxable persons established in EU

 

The special regime can be used:

a) by any taxable person who carries out intra-community sales of goods at a distance;

b) for deliveries of domestic goods (in the same state) made by electronic interfaces that facilitate deliveries of goods in EU by a non-EU taxable person to a non-taxable person;

c) by any taxable person established in EU who provides services to a non-taxable person, when the taxable person is not established in the member state of consumption.

Member state of consumption means one of the following: (i) in case of provision of services, the member state in which the supply of services takes place; (ii) in the case of the intra-community sale of goods at a distance, the member state in which the dispatch or transport of the goods to the customer ends; (iii) in the case of supply of goods by a taxable person who facilitates such supplies, when the dispatch or transport of the delivered goods begins and ends in the same member state.

If a taxable person, by using an electronic interface such as an online marketplace, a platform, a portal, facilitates the delivery of goods in EU by a taxable person not established in EU to a non-taxable person, it is considered that the taxable person, who facilitated the delivery, received and delivered the respective goods itself.

The special regime can be used by any taxable person who has the headquarters of the economic activity in Romania or, in case it does not have the headquarters of the economic activity in European Union, if it has a fixed establishment in Romania.

Only the VAT registration code assigned by the member state of registration will be used (for example, the VAT code assigned by the Romanian tax authorities).

By the end of the following month after the end of each calendar quarter, the taxable person must submit a special VAT return (in EUR), regardless of whether or not deliveries of goods have been made or whether or services have been provided or not through the special regime.

The special VAT return must contain, in particular, the following information: (i) the special registration code for VAT purposes; (ii) the total amount, excluding VAT, the applicable VAT rates and the total amount of the corresponding VAT subdivided into quotas, due to each member state of consumption; (iii) the total amount of VAT due in the member states of consumption.

The taxable person must pay the full amount of VAT due in the member states of consumption, referring to the corresponding VAT return, in a special account, in EUR, until the date on which it is required to submit the special return.

The EU taxable person not established in Romania who uses this special regime may benefit from the VAT refund related to the imports and acquisitions of goods / services made in Romania for carrying out its taxable activities subject to this regime, in accordance with the European VAT refund directive.

 

3. Special regime for the distance sale of goods imported from outside EU

 

This regime relates to distance sale of goods imported from non-EU territories for goods in batches with a maximum value of 150 EUR, except for products subject to excise duty.

The special regime can be applied by the following taxable persons who carry out distance sales of goods imported from non-EU countries:

a) any taxable person established in EU who carries out distance sales of goods imported from third countries or from third territories;

b) any taxable person, whether or not established in EU, who carries out distance sales of goods imported from outside EU and who is represented by an intermediary established in EU;

c) any taxable person established in a third country with which European Union has concluded a mutual assistance agreement and which carries out distance sales of goods from that third country.

If a taxable person, by using an electronic interface such as an online market, a platform, a portal, facilitates the distance sale of goods imported from outside EU in batches with an value of maximum 150 EUR, it is considered that this taxable person received and delivered the respective goods itself.

If Romania is the VAT registration member state, the taxable person using this special regime or its intermediary must submit a special VAT return (in EUR) for each month, regardless of whether or not distance sales of imported goods have been made from third territories or third countries during the reporting fiscal period. The special VAT return should be submitted until the end of the next month after the end of the fiscal period covered by the return.

The special VAT return contains the registration code for VAT purposes and, as case may be, for each member state of consumption in which VAT is due, the total value, excluding VAT, of distance sales of goods imported from non-EU countries, VAT rates applicable, the total amount of the corresponding VAT subdivided into quotas and the total amount of VAT due.

The taxable person using this special regime or its intermediary must pay VAT, referring to the corresponding VAT return, in a special account, in EUR, until the date on which it has the obligation to submit the special return.

If Romania is a member state of consumption, the taxable person not established in Romania who uses this special regime may benefit from the refund of VAT on imports and purchases of goods / services made in Romania under certain conditions.

 

4. Special evidence

 

If a taxable person, by using an electronic interface such as an online marketplace, a platform, a portal, facilitates the delivery of goods or services towards an EU non-taxable person, the taxable person who facilitates the delivery or supply is obliged to keep records in this regard. The respective registers contain information that would allow the fiscal authorities to verify if the VAT has been highlighted correctly, in the situation when the respective deliveries or services are taxable in Romania. The records must be kept for a period of 10 years from the end of the year in which the operation was performed.

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