THE EMERGENCY ORDINANCE N0 6/ 2015 INTRODUCES MODIFICATIONS OF THE FISCAL CODE, CONCERNING THE TAXATION OF TRANSACTIONS REGARDING REAL ESTATE PHYSICAL PERSON PATRIMONY.

At the transfer of the property right and its dismembering, through legal documents among the individuals found on the constructions, of any kind, and on the terrains linked to them, but also on the terrains without any constructions, the contributors are due a duty which shall be calculated and received in cash by the Public Notary before the authentication of the document or, be it the case, to the delivery of the succession finalization calculation.

If the property rights or dismembering transfer are realized by Withholding or by any other procedure, the duty is calculated and received in cash by the competent fiscal body, only on the basis of the tax decision, during a delay of 60 days from the communication of the decision.

For other procedures than the notary or legal ones, the contributor possesses the obligation to declare the income obtained in a maximum of 10 days from the transfer, at the competent fiscal body for the tax calculation.

In the situation of a forced execution transfer, the tax due by the patrimony contributor of the real estate property which has been transferred is calculated and received in cash by the fiscal competent authority, in accordance with the tax decision during a delay of 60 days from the decision’s communication.

Published in the Romanian Official Journal n0 250 on the 14th of April 2015
The Law has entered into force on the 14th of April 2015
Issuer: The Romanian Government