The General Directorate of Taxes, in light of the ongoing interest of taxpayers operating in the services sector (bars, restaurants, hotels, agritourism, etc.), Taking into account the approaching tourist season, deems it appropriate to inform all interested parties of the following:
All taxpayers operating in the aforementioned fields who have implemented and are using a certified software solution have the option to use the software solutions that were installed even before the law's effects took effect. No. 87/2019, “On the invoice and the monitoring system of turnover” as amended, as provided for in Article 46, “Transitional Provisions,” of the law. No. 87/2019, “On the invoice and the monitoring system of turnover” as amended, in its points 2 and 3.
In implementation of paragraph 3 of Article 8 of the Directive No. 16, dated April 3, 2020, ”On the invoice and the monitoring system for turnover", These taxpayers, depending on the service provided, may use “Tax invoices Order” and “Summary tax invoices”.
For taxpayers who provide restaurant-type services, or in other venues where drinks and food are consumed, and when payment is not made at the time of ordering, the procedure for issuing and fiscalizing invoices is as follows:
The issuance and fiscalization of the order invoice must be done at the same time as the supply of the order to the customer. A “completed order” does not refer to an order placed by any individual, but to an order served at each table. This invoice may not be printed, but it must be issued and fiscalized. If customers at the same table place additional orders, then upon delivery of each order the subsequent order invoice is also issued and fiscalized, which may likewise not be printed. Each individual invoice issued for each order must have “order” noted as the payment method, and the invoice title must be "Tax Invoice/Order".
At the moment the customer departs, which is also when payment is made, the taxpayer must issue a summary invoice to the customer and fiscalize it. The summary invoice must reference and include all individual invoices issued and fiscalized (i.e., the NSLFs of each individual invoice). Only the fiscalized summary invoice will be recorded in the taxpayer's sales book and taken into account for VAT calculation on sales. Only at this point are the pro forma invoices linked to the summary invoice no longer taken into account for turnover calculation. However, each individual invoice/pro forma invoice and the summary invoice must be fiscally registered at the time of issuance.
In hotel services, the billing procedure is also closely tied to the moment of payment.
In cases where a full or partial prepayment has been collected by the hotel at the time of hotel reservation or upon the guest's arrival, The VAT-tax-invoiced invoice is issued at the time the prepayment is collected, in accordance with the provisions of the Law and the Regulation, and is recorded in the sales and purchase books in the month in which the prepayment was collected. In this case, when the guest checks out, a summary invoice for the service rendered is issued, crediting the amount of the invoice issued at the time of prepayment and calculating and reporting the VAT on the additional amount, if any.
If for special services that the client receives during their stay at the hotel, they settle the bill at the time the service is rendered, This invoice is issued and fiscalized at the time of payment and is not included in the summary invoice that may be issued when the guest checks out of the hotel and settles any other outstanding charges.
“Tax invoice on request” may be used in all cases when the guest stays at the hotel for several days and pays upon departure. Each pro forma invoice for various services issued to the guest during his stay at the hotel must be included in the summary invoice, which is issued at the time of payment. Proforma invoices do not affect the cash position, since no money is collected with this document. The moment of collection is determined by the summary invoice.
To clarify the above, please refer to the attached examples.
Source: General Directorate of Taxes.
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