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Anunţă-mă când se modifică Fişă act Comentarii (0) Trimite unui prieten Tipareste act

LEGE Nr

LEGE   Nr. 343 din 11 noiembrie 2009

privind aprobarea Ordonantei de urgenta a Guvernului nr. 200/2008 pentru modificarea si completarea Legii nr. 571/2003 privind Codul fiscal

ACT EMIS DE: PARLAMENTUL ROMANIEI

ACT PUBLICAT IN: MONITORUL OFICIAL  NR. 779 din 13 noiembrie 2009



Parlamentul României adoptă prezenta lege.

Art. I. - Se aprobă Ordonanţa de urgenţă a Guvernului nr. 200 din 4 decembrie 2008 pentru modificarea şi completarea Legii nr. 571/2003 privind Codul fiscal, publicată în Monitorul Oficial al României, Partea I, nr. 815 din 4 decembrie 2008, cu următoarele modificări şi completări:

1. La articolul I punctul 1, alineatul (2) al articolului 191 se modifică şi va avea următorul cuprins:

„(2) In aplicarea prevederilor prezentului articol se elaborează norme privind deducerile pentru cheltuielile de cercetare-dezvoltare, aprobate prin ordin comun al ministrului finanţelor publice şi al ministrului educaţiei, cercetării şi inovării."

2.  La articolul I, după punctul 12 se introduce un nou punct, punctul 121, cu următorul cuprins:

„121. După alineatul (2) al articolului 169 se introduc trei noi alineate, alineatele (21)-(23), cu următorul cuprins:

«(21) Incepând cu anul 2010, beneficiază de accize specifice reduse şi producătorii de bere care deţin instalaţii de fabricaţie cu o capacitate nominală ce depăşeşte 200.000 hl/an, estimează o producţie anuală sub cantitatea de 200.000 hl/an şi care îndeplinesc cerinţele prevăzute la alin. (4), cu condiţia înştiinţării autorităţii fiscale competente în termenul prevăzut la alin. (3), conform prevederilor din norme.

(22) Producătorii de bere prevăzuţi la alin. (21), care în cursul anului constată că producţia realizată depăşeşte cantitatea de 200.000 hl/an, datorează acciza specifică şi au obligaţia plăţii, până la data de 25 inclusiv a lunii următoare celei în care se constată depăşirea respectivei cantităţi, a diferenţei dintre acciza specifică şi acciza specifică redusă, precum şi a majorărilor de întârziere aferente diferenţei de plată, potrivit dispoziţiilor Ordonanţei Guvernului nr. 92/2003 privind Codul de procedură fiscală, republicată, cu modificările şi completările ulterioare. In cadrul aceluiaşi termen, producătorii de bere au obligaţia de a depune la autoritatea fiscală competentă declaraţii rectificative pentru fiecare dintre perioadele fiscale în care au declarat şi plătit acciza specifică redusă.

(23) Producătorii de bere prevăzuţi la alin. (21), care în cursul anului estimează că vor avea o producţie care va depăşi cantitatea de 200.000 hl/an, pot plăti acciza specifică şi vor înştiinţa despre acest fapt autoritatea fiscală competentă. Inştiinţarea autorităţii fiscale competente cu privire la aplicarea accizei specifice nu înlătură obligaţia plăţii diferenţei dintre acciza specifică şi acciza specifică redusă,  precum şi a majorărilor de întârziere aferente diferenţei potrivit dispoziţiilor Ordonanţei Guvernului nr. 92/2003, republicată, cu modificările şi completările ulterioare. In vederea evidenţierii obligaţiilor fiscale datorate în plus faţă de cele achitate cu titlu de acciză specifică redusă, producătorii de bere au obligaţia de a depune la autoritatea fiscală competentă declaraţii rectificative pentru fiecare dintre perioadele fiscale în care au declarat şi plătit acciza specifică redusă.»"

Art. II. - Producătorii de bere care îndeplinesc condiţiile prevăzute la art. 169 alin. (4) din Legea nr. 571/2003 privind Codul fiscal, cu modificările şi completările ulterioare, şi care deţin instalaţii de fabricaţie cu o capacitate nominală ce depăşeşte 200.000 hl/an, dar care estimează în cursul anului 2009 o producţie anuală sub cantitatea de 200.000 hl/an, beneficiază de acciza specifică redusă cu condiţia înştiinţării autorităţii fiscale competente în termen de 15 zile de la data intrării în vigoare a prezentei legi, conform condiţiilor din Normele metodologice de aplicare a Legii nr. 571/2003 privind Codul fiscal, aprobate prin Hotărârea Guvernului nr. 44/2004. Pentru acciza plătită până la data depunerii înştiinţării se procedează la restituirea diferenţei de acciză în condiţiile Ordonanţei Guvernului nr. 92/2003, republicată, cu modificările şi completările ulterioare. In vederea evidenţierii obligaţiilor fiscale plătite în plus cu titlul de acciză specifică, producătorii de bere au obligaţia de a depune, la autoritatea fiscală competentă, declaraţii rectificative pentru fiecare dintre perioadele de declarare în care au efectuat plata accizei specifice.

Art. III. - Producătorii de bere care în anul anterior intrării în vigoare a prezentei legi au îndeplinit condiţiile prevăzute la art. 169 alin. (4) din Legea nr. 571/2003, cu modificările şi completările ulterioare, şi care au deţinut instalaţii de fabricaţie cu o capacitate nominală care depăşeşte 200.000 hl/an, dar au realizat o producţie anuală sub cantitatea de 200.000 hl/an, pot solicita în termen de 15 zile de la data intrării în vigoare a prezentei legi restituirea diferenţei dintre acciza specifică plătită şi acciza specifică redusă. Sumele reprezentând diferenţa de acciză se restituie în condiţiile Ordonanţei Guvernului nr. 92/2003, republicată, cu modificările şi completările ulterioare, pe baza actului de control prin care vor fi individualizate aceste sume.

Această lege a fost adoptată de Parlamentul României, cu respectarea prevederilor art. 75 şi ale art. 76 alin. (2) din Constituţia României, republicată.

p. PREŞEDINTELE CAMEREI DEPUTAŢILOR,

IOAN OLTEAN

PREŞEDINTELE SENATULUI

MIRCEA-DAN GEOANĂ


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ANONIM a comentat Rectificare 244 2017
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ANONIM a comentat Rectificare 244 2017
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ANONIM a comentat Rectificare 244 2017
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ANONIM a comentat Rectificare 244 2017
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ANONIM a comentat Rectificare 244 2017
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ANONIM a comentat Rectificare 244 2017
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ANONIM a comentat Ordin 181 2017
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ANONIM a comentat Ordin 181 2017
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ANONIM a comentat Ordin 841 2016
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