ANAF to pay over EUR 1 mln in interest for delayed VAT refund

Newsroom 02/12/2013 | 12:54

Romania’s High Court has issued a decision forcing the national fiscal agency ANAF to pay interest to a company in a case involving delayed VAT refund.

The company was advised by D&B David si Baias, the corresponding law firm of PwC Romania, the professional services firm. The team of lawyers that worked on this case comprised Dan Dascalu (in picture), partner of the law firm and coordinator of the fiscal litigation department and Mihail Boian, associate.

The ANAF will have to pay close to RON 5 million (over EUR 1 million) in interests for the unjustified delay in checking VAT settlements, followed by a tax audit that aimed to solve the same settlements.

The Bucharest Court of Appeal had initially accepted part of the company’s action, obliging ANAF to pay RON 2 million (EUR 450,737) in interest and this decision was appealed.

Lawyers at D&B David si Baias built their arguments on the jurisprudence of the European Court of Justice. It says that as a rule, the internal procedures of tax authorities that determined the delayed VAT refund, does not stop the interest for the amount that was not paid on time.