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Taxation

Tax Considerations for E-commerce

Chapter 1: VAT Regulations

The standard VAT rate in Romania is 19%, applicable to most e-commerce transactions. However, a reduced VAT rate of 9% applies to certain products and services, including books and educational services.

For businesses that operate across borders within the EU, the VAT One Stop Shop simplifies VAT compliance. It enables companies to register and report VAT in one place, reducing the administrative burden.

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Small enterprises with a turnover of less than €88,500 can benefit from an exemption from VAT, allowing them to remain competitive in the market. This threshold is applicable since January 1st, 2021, up from the previous level of €49,790.

Furthermore, special VAT provisions may apply to digital services such as ebooks, online courses, and other digitally supplied services. Understanding these regulations can help e-commerce businesses accurately calculate their VAT liabilities.

Chapter 2: Income Tax

In Romania, the corporate tax rate stands at 16% and applies to the worldwide income of companies resident in Romania and to the Romanian-source income of non-residents.

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For companies businesses with under 500.000 EUR yearly income, the tax is 1% on the revenues generated minus stock.

Withholding tax is another factor to consider for e-commerce businesses. It applies to payments made to non-residents for services rendered in Romania, including consulting, management, and online advertising services.

Chapter 3: Reverse Charge Mechanism

The reverse charge mechanism is a VAT scheme applicable to certain transactions in Romania. Under this mechanism, the liability to pay VAT is transferred from the supplier to the recipient of goods or services.

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This mechanism is particularly relevant to e-commerce businesses involved in cross-border transactions within the EU. It simplifies VAT accounting by allowing businesses to account for both input and output VAT on their VAT return, eliminating the need to pay VAT at the point of import.

Chapter 4: EU's Digital VAT Package

The European Union has designed the Digital VAT Package to adapt to the growing digital economy. This package contains special provisions that impact e-commerce businesses.

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Starting July 1, 2021, all B2C services provided to EU consumers, including digital services, became taxable in the member state where the customer is located. This change simplifies VAT obligations for e-commerce businesses by reducing the number of VAT registrations they need to manage.

Additionally, the package introduces an Import One-Stop-Shop (IOSS). This simplifies VAT obligations for e-commerce businesses importing goods into the EU with a value of up to €150 from non-EU countries.

E-commerce platforms and marketplaces are now considered to be 'deemed suppliers'. This means that, for certain transactions, they are responsible for collecting and remitting VAT, which simplifies VAT obligations for many e-commerce businesses selling via these platforms.

Chapter 5: Other Tax Considerations

Understanding the tax landscape can help e-commerce businesses to make strategic decisions.

For instance, a reduced VAT rate of 5% applies to the supply of houses as part of social policy, including the land on which they are built. This provision might be relevant to businesses in the property tech sector.

Romania also offers tax incentives to encourage innovation and growth. One such incentive is the R&D tax credit, which allows businesses to deduct the expenses related to R&D activities from their taxable income.

Conclusion: A Promising Landscape

Despite the complexities, the tax landscape in Romania offers promising opportunities for e-commerce businesses. The country's alignment with EU regulations, combined with unique national provisions, create a conducive environment for businesses to grow.

However, navigating tax obligations requires an understanding of both EU and national regulations. Businesses must keep abreast of changing tax laws and ensure compliance to optimize their tax strategy and avoid potential penalties.