Romania: Is there a better time to ask for a VAT refund?

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Romania: Is there a better time to ask for a VAT refund?

Sponsored by

EY_Logo_Beam_STFWC_Horizontal_Large_RGB_OffBlack_Yellow_EN.gif
Tax authorities have relaxed rules as a result of the pandemic

Alex Milcev and Costin Manta of EY Romania explain how tax authorities have relaxed conditions for granting VAT refunds in order to boost liquidity.

Companies facing VAT refund positions are trapped between the need of cash, especially during this period, and the stress of having to go through a VAT audit. A selected few companies were eligible for a quick VAT refund (e.g. large and midsized taxpayers with a low tax risk), receiving their money back before a VAT audit was performed, thus granting them quick access to the much-needed cash.



The economic environment during the COVID-19 pandemic has determined the tax authorities to relax the conditions for granting the VAT refund, in an effort to secure liquidity on the market. Many of the companies who did not qualify for the simplified procedure, do qualify now. There are some simple criteria, such as companies who have a clean tax record, as well as small companies who are not at their first VAT refund request or did not carry forward the refundable VAT for more than 12 months. Such companies are eligible to get their refund with a subsequent VAT audit (not with a prior one, as the general rule was before the pandemic). The validity of this facility lasts during the state of emergency and 30 days after (up to June 13 2020). Companies facing a VAT refund position are in the best position to request their money back.



One of the most frequent excuses for not requesting the refund is that the tax authorities will perform a VAT audit. Under the current context, it is likely that most companies will not have to go through a VAT audit immediately, as they will first be approved the refund and afterwards the tax authorities will decide if an audit is necessary. It is not certain an audit will be performed at all, as this will depend on a risk analysis. If the high level explanations provided to the tax authorities during the risk analysis process are convincing enough, the refund may not trigger an audit at all.



What if a company expects that they will be assessed additional tax liabilities during a tax audit?



If companies are aware of potential additional tax liabilities to be assessed by the tax authorities, it is also a good time to make the necessary corrections. The taxpayer has the option to make any correction voluntarily in its tax statements until December 15 2020 without having to pay late payment charges (which can go up to 36.5% per year). This can be done thanks to the tax amnesty in force. 



Thus, taxpayers can pay any tax liabilities which were due up to March 31 2020 without additional costs, such as late payment interest or late payment penalty. If these corrections are made voluntarily, the risks for the Romanian tax authorities to assess additional late payment charges during a future VAT audit significantly decrease.



Can we include the VAT related to bad debts in the VAT refund request?



Although the refund positions are usually triggered by large investments or applying the zero-rated VAT exemptions on the supplies, reversing the VAT incurred in relation to bad debts can also be a trigger for a refund position.



Thus, in the current context available only for a short period of time, it may be worthwhile to also include in the refund request the VAT related to bad debts, given the expected quick turnaround.

This window of opportunity closes within approximately three weeks, so it may be the time to act. By the time this opportunity closes, the April and May VAT returns could be submitted, asking the VAT refund.

Alex Milcev

E: alex.milcev@ro.ey.com



Costin Manta

E: costin.manta@ro.ey.com



more across site & shared bottom lb ros

More from across our site

The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Gift this article