In the execution and unitary application of art.137 par. (1). Letter a) and art. 140 of the Fiscal Code and point 23 par. (1) and (2) of Title VI of Methodological Norms for the application of the Fiscal Code, for taxable deliveries of buildings and lands, the related value-added tax collected is determined according to the will of the parties resulted from contracts or other means of evidence given according to the Fiscal Procedure Code, as follows:
• by applying the rate of VAT on value of delivery [according to the provisions of point 23 para. (1) of the Methodological Norms for the application of Title VI “Value Added Tax”], if results that:
1. the parties have agreed that VAT is not included in the value of delivery, or
2. the parties have not agreed anything on VAT
• by applying the procedure of the increased hundred [stipulated under point 23 para. (2) of the Methodological Norms for the application of Title VI “Value Added Tax “], if results that the parties have agreed that VAT is included in the value of delivery.
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