According to the document, tax authorities will not be able to apply collection orders or suspend operations on companies’ accounts within the limits of the amount owed to them by budgetary institutions for goods supplied, work performed or services rendered. The measure is intended to prevent a situation where an enterprise is actually penalized for delays in budget financing.
It will allow companies to:
– Avoid blocking economic activities;
– pay salaries and suppliers in a timely manner;
– not to accumulate additional fines and penalties;
– continue to execute government contracts without the risk of financial collapse.
In the area of tax administration, it is also planned to mitigate liability for technical errors in tax reporting, if they have not led to an understatement of tax.
The right to choose the form of guarantee
Changes will also affect public procurement. Companies will have the right to independently choose the form of security for the performance of a contract – instead of the mandatory bank guarantee it will be possible to use other instruments provided for by law.
At present, for example, an economic operator with 10 contracts of 10 million lei each and 10% collateral for each contract is forced to block 10 million lei, which significantly limits the working capital and the possibility to participate in new procurements.
The new norm will allow not to “freeze” large sums and maintain working capital, especially in case of simultaneous execution of several contracts.
At the same time, the liability of customers for establishing illegal or discriminatory qualification requirements in tender documentation will be strengthened. Such violations will be punishable by a fine, which should increase transparency and competition in the public procurement system.
In general, the adoption of the law should reduce financial risks for businesses, improve access to working capital and make interaction between entrepreneurs and the state more predictable.
The authors of the draft law are a group of PAS deputies. The document will be considered by the parliamentary standing committees and then adopted in two readings.
