3. Tax obligations of non-residents for capital gains

In accordance with Article 30. (1) and (3) of the Tax code on Public Finance nr.571/2003, with subsequent modifications and additions, foreign legal persons who receive income from real estate located in Romania or from the sale-assignment of participation titles held in Romanian legal person, are required to pay tax on the taxable profit related income - according to art. 34, and to submit declarations of income tax - according to art. 35 of the same act. Any foreign legal person may appoint a tax representative to fulfill these obligations.
Also, according pct.13 para. (1) of the Methodological Norms for applying Law on nr.571/2003 Tax Code, with subsequent modifications and additions, non-beneficiary income from Romania must justify in Romania the benefit of Convention for the avoidance of double taxation concluded between Romania and the residence of another state by presenting the residence certificate issued by the other Fiscal State.
When non-foreign legal person, the income beneficiary of the nature of capital gains, presents the fiscal residence certificate issued by tax authorities of the State of residence, income of the nature required under Article entitled "capital gains" of the conventions to avoid of double taxation concluded by Romania with the residence of the beneficiary of this income.
In terms of applying the Convention to avoid double taxation, foreign legal person who derive income from transfers of fund have no declarative obligations stipulated in art. 30 of the Tax Code.
Also, according to Art. 72 para. (1) of Government Ordinance no. 92/2003 on the Fiscal procedure code, republished, any person or entity that is subject to a legal tax register, receiving the identification code number. Therefore, any foreign legal person that obtains revenue from the sale-assignment of fund held in a Romanian legal person is a matter of tax law, with rights and obligations in the tax basis.
According to art. 72 para. (1) of Government Ordinance nr.92/2003 the tax code, republished, it has the obligation to register at the competent fiscal, although according to some conventions of avoiding double taxation, the right of the capital gains tax is held by another state.
Public Order Minister of Finance nr.2157/2006 on the activity of managing non-residents taxpayers who do not have in Romania a permanent establishment, provides in Article 1. (2) competency management as follows:
- fiscal authorities in whose territorial range is the institution through which the transaction is made, if trading in securities for participating in open society
- fiscal authorities in whose territorial range is the company whose securities are traded, if trading in securities of companies closed.