Why It Is Important to Understand Tax Penalties
In practice, most tax penalties in the Republic of Moldova do not arise from bad faith, but from process-related errors: reports not submitted on time, outdated forms, delayed documents, or poorly organized cash discipline.
The problem is that the Tax Code does not explain consequences in a “human-friendly” way. It simply states: violation → article → amount. Understanding what exactly constitutes a violation, who is responsible, and how penalties can be avoided is the responsibility of the accountant and company management.
In this article, we have compiled all key penalties provided by the Tax Code, structured them according to business logic, and supplemented them with practical explanations. This is not a substitute for the Tax Code, but a working guide that helps quickly assess risks.
How to Read Penalty Tables and Find the Information You Need
If you are looking for a specific answer — for example, “what happens if a tax return is filed late” or “what is the penalty for violating e-Factura rules” — focus not only on the amount of the fine, but also on the type of violation.
All penalties can be conditionally divided into several blocks:
- interaction with tax authorities and tax audits
- reporting, declarations, and information disclosure
- cash discipline and cash transactions
- bank accounts and payment operations
- VAT, excise duties, and tax regimes
- serious violations and tax evasion
This approach allows you to quickly identify the weak point in business operations, rather than simply checking the fine amount.
Why the Same Penalties Occur Year After Year
At first glance, tax penalties may seem accidental. In practice, however, the cause is almost always systemic.
Most often, issues arise due to:
- the absence of a tax deadline calendar
- manual control instead of automated reminders
- unclear division of responsibility between accounting and management
- working “out of habit” without considering legislative changes
This is especially evident with penalties for late reporting, failure to submit information, and violations of cash discipline. These sanctions do not require complex schemes — they occur where no clear and well-organized process exists.
A Separate Risk — Legislative Changes
It is important to understand that even if the amount of a penalty remains unchanged for years, the conditions of its application may change.
New requirements are introduced, wording is clarified, and additional obligations appear (such as e-Factura, transfer pricing, extended reporting).
A typical business mistake is relying solely on past experience:
“We reported the same way last year — everything was fine.”
In tax reality, this argument does not work. The only real protection is regular updates of knowledge and procedures.
Who Actually Pays the Penalty: the Accountant or the Company?
From a legal perspective, penalties are applied in most cases to the taxpayer, meaning the company or individual entrepreneur.
However, within the business, the consequences almost always fall on the accountant:
- urgent explanations
- correspondence with the State Tax Service
- revisions of reports
- stress and reputational risks
That is why a professional accountant does not work “after the penalty is imposed,” but preventively: implementing control mechanisms, documenting debatable decisions, and warning management about risks in advance.
How to Use This Article in Practice
This article is not intended to be read from start to finish in one sitting.
Its practical value lies in the ability to:
- quickly check a specific penalty
- identify the relevant risk category
- assess the severity of consequences
- decide whether an external consultant or audit is required
If you notice that too many questions arise within one penalty block, this is a clear signal that the process requires revision, not just “more attention.”
Table 1. Penalties for Violations During Tax Audits and Interaction with the State Tax Service
| Violation | Tax Code Article | Penalty Amount | Comment |
|---|---|---|---|
| Obstruction of a tax audit (failure to provide documents, denial of access) | Art. 253 para.(1) | 4,000 – 6,000 MDL | Applied for any active or passive obstruction |
| Failure to comply with a decision to suspend account operations | Art. 253 para.(4) | 25% – 35% of transaction amount | High-risk violation, frequently identified during audits |
| Failure to comply with a tax summons | Art. 253 para.(5) | 400 – 600 MDL / 4,000 – 6,000 MDL | Amount depends on taxpayer category |
Table 2. Penalties for Reporting, Information, and Declarations
| Violation | Tax Code Article | Penalty Amount | Note |
|---|---|---|---|
| Late submission of mandatory information | Art. 253 para.(6) | 1.5% – 2.5% of the amount (up to 25,000 MDL) | From 2025 — applied per each tax period |
| Submission of inaccurate information | Art. 253 para.(7) | 5% – 10% of the difference (up to 50,000 MDL) | Especially risky if it affects taxes |
| Failure to submit information | Art. 253 para.(8) | 10% – 20% of the amount (up to 150,000 MDL) | One of the most common penalties |
| Violation of tax return submission rules | Art. 260 para.(1) | 200 – 400 MDL / 500 – 1,000 MDL | Total penalty amount is capped |
Table 3. Cash Discipline, e-Factura, Payments
| Violation | Tax Code Article | Penalty Amount | Comment |
|---|---|---|---|
| Violation of cash register usage rules (missing receipt, malfunction, unaccounted cash) | Art. 254 para.(1) | 5,000 – 15,000 MDL | Frequently applied in retail |
| Use of an unregistered payment terminal | Art. 254 para.(8) | 5,000 – 15,000 MDL | Relevant for retail and HoReCa |
| Issuing a paper invoice instead of e-Factura | Art. 257 para.(2) | 25% – 35% of transaction value | Mandatory as of 01.01.2024 |
Table 4. Bank Accounts and Financial Operations
| Violation | Tax Code Article | Penalty Amount | Risk |
|---|---|---|---|
| Account operations without tax registration confirmation | Art. 256 para.(6) | 25% – 35% of transaction amount | Critical business risk |
| Failure to report foreign bank accounts | Art. 256 para.(8) | 4,000 – 6,000 MDL per account | Common issue for companies with non-residents |
| Violation of deadlines for crediting funds | Art. 259 para.(1) | 7% – 10% of the amount | Applied automatically |
Table 5. VAT, Taxes, Evasion, and Serious Violations
| Violation | Tax Code Article | Penalty Amount | Comment |
|---|---|---|---|
| Late VAT registration | Art. 256 para.(7) | 7% – 10% of taxable supplies | Often identified retroactively |
| Understatement of taxable income | Art. 260 para.(5)-(6) | 12% – 15% of the amount | Applicable under zero tax rate regimes |
| Tax evasion | Art. 261 para.(5) | 80% – 100% of unpaid taxes | Maximum level of liability |
Table 6. Excise Duties, Tobacco, and Special Violations
| Violation | Tax Code Article | Penalty Amount | Additional |
|---|---|---|---|
| Absence of excise stamps | Art. 262 para.(1) | 25,000 – 35,000 MDL | Goods may be confiscated |
| Sale of tobacco products in violation of pricing rules | Art. 2621 | 30% – 50% of value | Minimum 1,000 MDL |
Useful Information
✅What tax changes have entered into force in the Republic of Moldova?
✅How to correctly calculate salaries and payroll taxes?
Conclusion: Penalties Are Not About Punishment, but Risk Control
Tax penalties are an indicator. They show where the system failed: deadlines, documentation, communication, or control.
Companies that operate consistently without sanctions are distinguished not by “perfect accountants,” but by clear rules and well-defined processes.
An accountant who reads the Tax Code not only as a law, but as a risk map, becomes a true financial partner of the business.
If the goal is not merely to avoid penalties, but to operate calmly and predictably, everything starts with a proper understanding of these mechanisms.
