Global forum on transparency and exchange of information for tax purposes peer reviews: Romania 2016: Phase 2: Implementation of the standard in practice: November 2016 (reflecting the legal and regulatory framework as at August 2016)

Annotation This report contains the 2014 "Phase 2: Implementation of the Standards in Practice" Global Forum review of Costa Rica. The Global Forum on Transparency and Exchange of Information for Tax Purposes is the multilateral framework within which work in the area of tax transparency and exchange of information is carried out by over 120 jurisdictions which participate in the work of the Global Forum on an equal footing. The Global Forum is charged with in-depth monitoring and peer review of the implementation of the standards of transparency and exchange of information for tax purposes. These standards are primarily reflected in the 2002 OECD Model Agreement on Exchange of Information on Tax Matters and its commentary, and in Article 26 of the OECD Model Tax Convention on Income and on Capital and its commentary as updated in 2004, which has been incorporated in the UN Model Tax Convention. The standards provide for international exchange on request of foreseeably relevant information for the administration or enforcement of the domestic tax laws of a requesting party. "Fishing expeditions" are not authorised, but all foreseeably relevant information must be provided, including bank information and information held by fiduciaries, regardless of the existence of a domestic tax interest or the application of a dual criminality standard. All members of the Global Forum, as well as jurisdictions identified by the Global Forum as relevant to its work, are being reviewed. This process is undertaken in two phases. Phase 1 reviews assess the quality of a jurisdiction's legal and regulatory framework for the exchange of information, while Phase 2 reviews look at the practical implementation of that framework. Some Global Forum members are undergoing combined Phase 1 plus Phase 2 reviews. The ultimate goal is to help jurisdictions to effectively implement the international standards of transparency and exchange of information for tax purposes Table of Contents 5 About the Global Forum 7 Abbreviations 9 Executive summary 11 Introduction 13 Information and methodology used for the peer review of Romania 13 Overview of Romania 14 Recent developments 18 Compliance with the Standards 19 A. Availability of information 19 Overview 19 A.1. Ownership and identity information 21 A.2. Accounting records 46 A.3. Banking information 53 B. Access to information 57 Overview 57 B.1. Competent Authority’s ability to obtain and provide information 58 B.2. Notification requirements and rights and safeguards 71 C. Exchanging information 73 Overview 73 C.1. Exchange of information mechanisms 74 C.2. Exchange of information mechanisms with all relevant partners 81 C.3. Confidentiality 82 C.4. Rights and safeguards of taxpayers and third parties 84 C.5. Timeliness of responses to requests for information 85 Summary of determinations and factors underlying recommendations 93 Annex 1: Jurisdiction’s response to the review report 97 Annex 2: List of Romania’s exchange of information mechanisms 99 Annex 3: List of all laws, regulations and other relevant material 108 Annex 4: Authorities interviewed during the on-site visit 110