New periodic VAT return: VAT groups and housing adjustments already apply
Ministerial Order no. 298/2026/1 of 16 July approved the new periodic VAT return and annexes, with general effect for periods starting on or after 01/07/2027 — but with immediate application, since 01/07/2026, of the “VAT Groups Regime” field (Law no. 62/2025) and the item 2.42 adjustment fields. Circular Letter no. 25119/2026 of 22/07 clarifies: entities within VAT groups omit the individual computation (fields 93-96), which is done globally by the parent; and developers may adjust in their favour the difference between 23% and 6% on item 2.42 operations (Housing Package), without interest or penalties, within 4 years. Businesses should prepare their invoicing and reporting systems.
Ref.: Ministerial Order no. 298/2026/1, Official Gazette of 16/07/2026; Circular Letter no. 25119/2026, 22/07.
Tax authority clarifies capital gains: building to rent out may be exempt
Among the binding rulings released in late July, Case 31111 (order of 24/07) stands out: the Housing Package capital-gains exclusion (Decree-Law no. 97/2026) covers the purchase of land with construction of a dwelling intended for residential letting. The tax authority also clarified that a 2025 reassessment of a tax-relevant disability has no retroactive effect (Case 29836) and how to determine the acquisition value when selling securities received free of charge (Case 26275, art. 45 of the Personal Income Tax Code). Relevant guidance for individuals’ asset planning.
Ref.: Binding rulings nos. 31111 and 29836 (orders of 24/07/2026) and 26275 (order of 27/07/2026), Tax Authority.
RFAI requires contemporaneous proof; CJEU strengthens managers’ defence in VAT liability cases
At the CAAD arbitration court, the decision in case no. 845/2025-T (22/05/2026, released 24/07) reinforces that, under the RFAI investment incentive, the taxpayer must demonstrate with contemporaneous evidence the creation of jobs and the increase in installed capacity. At the CJEU, the judgment of 16/07/2026 in case C-158/25 requires that a manager held jointly liable for a company’s VAT be able to challenge, incidentally, the assessment issued against the company — a new argument for directors and managers facing liability proceedings.
Ref.: CAAD, case no. 845/2025-T; CJEU, case C-158/25, 16/07/2026.
Tax calendar: August clusters on the 31st; September brings VAT and payments on account
In August, under the usual “flexibility” regime, the main obligations cluster on 31/08: July’s DMR and SAF-T, withholding taxes, Stamp Duty, the EC recapitulative statement, Form 30 — and the 2nd IMI property-tax instalment (annual tax above €500). There is no periodic VAT return filing or payment in August. In September: 21/09 — periodic VAT return (monthly and 2nd quarter) and 2nd personal income tax payment on account (category B); 25/09 — VAT payment; 30/09 — 2nd corporate income tax payment on account, State surcharge and AIMI. Note: applications for the extraordinary fuel support (transport, taxis, social and agricultural sectors) run at the IMT until 28/08.
Ref.: Tax Authority Fiscal Agenda — 2026 summary tables.
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