TAXA PE VALOAREA ADĂUGATĂ PENTRU TRANSFERUL DE ACTIVE
VAT FOR BUSINESS TRANSFER

Summary/Abstract: The Romanian VAT legislation provides for simplification measures for the transfer of a totality of assets (or part thereof) with the purpose to diminish restructuring costs and administrative formalities. Therefore, the provisions of the fiscal Code must be interpreted in good faith, within the limits established by the jurisprudence of the Court of Justice of the European Union (CJEU). A critical aspect is the identification of the criteria that differentiate such transfer (of a totality of assets or part thereof) from a mere asset sale. In this article, some elements are highlighted, resulting from the jurisprudence of the CJEU, which must be taken into account for the correct application of these simplification measures (no-supply rule).

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