February 28 is the deadline for submission form 205 to Fisc, tax statement that replaced fiscal files from 1 January 2013. The fiscal statement 205 is used to report tax deductions for each income beneficiary.

The fiscal statement 205 “Informative statement on withholding tax and gains/losses, on the income beneficiaries” code 14.13.01.13/I is submitted to the tax organs until the last working day of February.

Who filed the fiscal statement 205

This statement must be completed and filed with the Fisc by payers of income that are required to compute, withhold and remit tax on income subject to withholding tax, according to the instructions for completing the fiscal statement 205.

Those who are required to file fiscal statement 205 are payers of income/gains from:

• Salaries;
• Intellectual property rights;
• Activities conducted under contracts / civil conventions concluded under the Code Civil and agent contracts;
• Business and technical accounting, judicial and extrajudicial expertise;
• Independent activities performed in a form of association with an entity, microenterprise;
• Transactions of sale and purchase of foreign currency forward contract-based and any other similar operations;
• Capitalization of movable heritage as waste business;
• Transfer of securities other than shares and securities of closed companies;
• Dividends;
• Interest;
• Transfer of securities, where companies closed and shares;
• Liquidation of the legal person;
• Prizes and gambling;
• Pensions;
• Agricultural activities and land rent;
• Other sources.

Moreover, the fiscal statement 205 must be filed also by the intermediaries, investment management companies, in case of redemption of units in open investment funds or other payers of income, as applicable, gains / losses of individuals related transactions securities other than shares and securities of closed companies.

See who have to fill the fiscal statement 205 in case of detachment.

How to fill the fiscal statement 205

If, for the same payer, there were payments for multiple types of income under income categories during the year, a single form will be completed, according to instructions for completion.

For each type of income payment specified in Section III, “Data on the nature of income” is generated each table in the fiscal statement 205. In each table are signed corresponding data to each beneficiary income for the year 2013.

In the case of salaries, the table in section V “Informative data on tax salary” will be generated:

• Chapter A, salaries for activities performed in Romania;
• Chapter B, salaries for activities performed abroad.

For other incomes it will be generated tables in Section IV “Facts on withholding tax and gains / losses on the income beneficiaries” and will join the corresponding data type of income paid.

Inaccurate data can be rectified by filing a statement of amendment (the box provided for this purpose checked) after initial filing form 205.

The rectifying statement, drawn up by types of income, will include only the correct positions misstated in the original statement or positions which erroneously not included in the initial statement.

If initially a position was completed and it must be eliminated in the rectifying statement, the correct steps are:

• In the table in section IV “Facts on withholding tax and gains / losses on the income beneficiaries” generated by income types, will enroll identification data of the income beneficiary of the initial statement and in col. 4-7 will score “0”;
• In the table in section V “Informative data on tax wedge” will join the identification of the income beneficiary of the initial statement and in col. 4-8 will score “0”.

The submission is made in electronic format (PDF format, the XML file attached) on magnetic or optical media, accompanied by copy on paper, signed and stamped. Paper format includes case summary data reported on the income beneficiaries and the types of income included in section IV “Facts on withholding tax and gains / losses on the income beneficiaries” and in section V ” acts on tax salary” on the form.

The fiscal statement 205 is filed with the tax authority, on paper, signed and stamped along with the electronic format of the declaration, the XML file attachment or by electronic media, through the use of online submission of statements on e-guvernare.ro.

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