Page 54 - Central and Eastern European Transfer Pricing Review

54 | CEE Transfer Pricing Review

If extensive, is the competent taxpayers, as well as in the case of
authority effective in obtaining other categories of taxpayers of which
double tax relief? the consolidated value of transactions
Frequently. exceeds EUR4 million). The tariff for
amendments of an already-released APA
When may a taxpayer submit an is EUR6,000 up to EUR15,000 (in the
adjustment to competent authority? case of large taxpayers, as well as in the
No specifc provision. case of other categories of taxpayers
of which the consolidated value of
May a taxpayer go to competent transactions exceeds EUR4 million). It is
authority before paying tax? payable in RON at the National Bank of
Romanias foreign exchange rate, valid
No formal rules.
at the date of payment.
Advance pricing Does the tax authority publish APA
arrangements data either in the form of an annual
report or through the disclosure of
What APA options are available, data in public forums?
if any?
No.
In line with the provisions of the Fiscal
Procedure Code, taxpayers who carry Please provide some information
out transactions with related parties may on how successful the APA program
address the tax authorities in order to is and whether there are any known
obtain an APA regarding the conditions diffculties?
and methods of determining the transfer The APA program is developing slowly.
pricing within a given period of time. The So far, from unoffcial sources, only one
APA can be either unilateral (concluded APA has been concluded between the
with the Romanian tax authorities) or Romanian tax authorities and a taxpayer.
bilateral (involving at least two or more
tax authorities).
Language
Is there a fling fee for APAs? In which language or languages
The tariff which would be charged for can documentation be fled?
releasing the APA is EUR10,000 up Romanian only.
to EUR20,000 (in the case of large

KPMG in Romania

Teodora Alecu
Tel: +40 372 377 800
Email: talecu@kpmg.com

As email addresses and phone numbers change
frequently, please email us at transferpricing@
kpmg.com if you are unable to contact us via the
information noted above.
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