{"id":12385,"date":"2023-02-20T14:06:08","date_gmt":"2023-02-20T12:06:08","guid":{"rendered":"https:\/\/smac.ro\/buletin-informativ-25-07-2022\/"},"modified":"2025-12-21T10:03:03","modified_gmt":"2025-12-21T08:03:03","slug":"legislative-developments-25-07-2022","status":"publish","type":"post","link":"https:\/\/smac.ro\/en\/legislative-developments-25-07-2022\/","title":{"rendered":"Legislative developments
25.07.2022"},"content":{"rendered":"\t\t
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Keeping up with the tax news. \n<\/h2>\t\t<\/div>\n\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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25 July 2022<\/strong><\/h4>

Ordinance no. 16\/2022 was published on 15 July 2022 and significantly amends the Tax Code. You may\u00a0 find below a summary of the main proposed changes<\/strong>.<\/p>

Amendments to enter into force within 3 days <\/strong>from the date of publication of the Ordinance (18 July 2022<\/strong>):<\/p>

  • As regards the tax facilities for employers in the construction sector<\/strong>, the condition relating to the turnover achieved exclusively from activities in this sector shall relate only to the current year.<\/li><\/ul>

    Thus, each month employers must ensure that the turnover achieved exclusively from the activities referred to in art. 60, item 5, cumulatively from the beginning of the year to the month in which the analysis is made<\/strong>, is at least 80% of the total turnover; otherwise, in the month in which this condition is not met, they will not be able to apply the tax facilities.<\/p>

    The indicator of turnover actually achieved from construction activity covers only income from activity carried out in Romania.<\/strong><\/p>

    • Allowances received for the care of patients with cancer <\/strong>become not taxable <\/strong>for income tax purposes.<\/li><\/ul>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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      Amendments to take effect from <\/strong>1 August 2022 <\/strong>(or with August 2022 income):<\/p>

      • The threshold for applying the tax facilities in the construction, agriculture and food industry sectors is reduced from RON 30,000 monthly to RON 10,000 monthly<\/strong>. For the part of the gross monthly income exceeding RON 10,000, exemptions and reductions in taxes and social contributions shall no longer apply.<\/li>
      • The method of calculating the ad valorem excise duty on cigarettes is changed.<\/strong><\/li>
      • The tax on gambling income <\/strong>(paid as of 1 August 2022) changes.<\/li><\/ul>

        The tax due in the case of income obtained as a result of participation in games of chance characteristic to casinos, poker clubs, slot machines and lotteries<\/strong>, with a value greater than the non-taxable threshold of RON 66,750 is determined by applying the following to each gross income received by a participant, and subtracting the amount of RON 11,650 from the result obtained.<\/p>

        At the same time, the tax due on gambling income <\/strong>shall be determined as follows:<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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        As of 1 August 2022<\/strong><\/td>Previously<\/strong><\/td><\/tr>
        Gross income brackets<\/strong><\/td>Tax<\/strong><\/td>Gross income brackets<\/strong><\/td>Tax<\/strong><\/td><\/tr>
        up to and inclusive 10.000<\/td>3%<\/strong><\/td>up to and including 66.750<\/td>1%<\/strong><\/td><\/tr>
        over 10.000 – 66.750 inclusive<\/td>300 + 20% <\/strong>for what exceeds 100.000<\/td>over 66.750 – 445.000 inclusive<\/td>667.5 + 16% <\/strong>for the amount exceeding 66.750<\/td><\/tr>
        over 66.750<\/td>11.650 + 40% <\/strong>for the amount exceeding 66.750<\/td>over 445.000<\/td>61.187,5 + 25% <\/strong>for the amount exceeding 445.000<\/td><\/tr><\/tbody><\/table><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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        • In the case of part-time labour contracts <\/strong>for which the gross income is less than the minimum gross basic wage <\/strong>in force in the month for which social security contributions are due, corresponding to the number of working days in the month in which the contract was active, social security contributions <\/strong>(25%) and health insurance contributions <\/strong>(10%) shall be calculated on the minimum gross wage and the difference shall be borne by the employers.<\/strong><\/li><\/ul>

          These provisions do not apply to natural persons in one of the following situations:<\/strong><\/p>

          1. a) Are pupils or students<\/strong>, aged up to 26, in a form of schooling;<\/li>
          2. b) Are apprentices<\/strong>, according to the law, up to the age of 18;<\/li>
          3. c) Are disabled persons <\/strong>or other categories of persons who are recognised by law as being able to work less than 8 hours a day;<\/li>
          4. d) Are old-age pensioners <\/strong>in the public pension system, with the exception of old-age pensioners receiving service pensions under special laws\/statutes, and those who cumulate their old-age pension in the public pension system with a pension established in one of the pension systems not integrated in the public pension system;<\/li>
          5. e) They earn income from wages or similar income under two or more individual labour contracts during the same month<\/strong>, and their cumulative monthly calculation basis is at least equal to the minimum gross basic wage at national level.<\/li><\/ol>

            Example: <\/u><\/strong><\/p>

            The company Pixul Vesel SRL has one employee with a part-time contract with schedule of 4 hours \/ day, with a gross salary of RON 1,450. In August 2022 the employee had no days of leave \/ absence.<\/p>

            In the calculation below, the personal deduction has not been taken into account for the sake of simplicity.<\/em><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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            Elements<\/strong><\/td>Currently<\/strong><\/td>After 1 August<\/strong><\/td><\/tr>
            Gross salary<\/td>1.450<\/td>1.450<\/td><\/tr>
            Minimum gross basic wage at national level<\/td>2.550<\/td>2.550<\/td><\/tr>
            Pension contribution 25% of gross salary<\/td>363<\/td>363<\/td><\/tr>
            Pension contribution calculated on minimum wage<\/td>\u00a0<\/td>638<\/td><\/tr>
            Pension contribution difference borne by the employer<\/em><\/i><\/td>\u00a0<\/em><\/td>275<\/em><\/td><\/tr>
            Health insurance contribution 10% of gross salary<\/td>145<\/td>145<\/td><\/tr>
            Health insurance contribution calculated on minimum wage<\/td>\u00a0<\/td>255<\/td><\/tr>
            Health insurance contribution difference borne by the employer<\/em><\/td>\u00a0<\/em><\/td>110<\/em><\/td><\/tr>
            Tax 10% of salary minus employee contributions<\/td>94<\/td>94<\/td><\/tr>
            Net salary of the employee<\/strong><\/td>848<\/strong><\/td>848<\/strong><\/td><\/tr>
            Labour insurance contribution due by the company 2.25%<\/td>33<\/td>33<\/td><\/tr>
            Total company cost<\/strong><\/td>1.483<\/strong><\/td>1.868<\/strong><\/td><\/tr>
            Total tax<\/strong><\/td>634<\/strong><\/td>1.019<\/strong><\/td><\/tr><\/tbody><\/table><\/div>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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            For a net salary of RON 848, the company pays RON 1,019 in taxes. <\/strong>Thus, we see an increase in the company\u2019s costs of RON 385<\/strong>, due to the difference in social contributions calculated.<\/p>

            If this employee meets one of the conditions mentioned above (e.g.: he\/she has other labour contracts and the cumulative income obtained exceeds the amount of 2,550 lei), the social contributions due shall not be increased, being calculated on the salary earned.<\/p>

            The employer shall request supporting documents from individuals who are exempted from the establishment of social contributions under the new rules, and in the case of the situation referred to in point e) (individual with several labour contracts<\/em>), the application procedure shall be established by order of the Minister of Finance.<\/p>

            Amendments to take effect from <\/strong>1 January 2023 <\/strong>(or with January 2023 income):<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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            Dividend tax<\/strong><\/h4>

            The tax rate for dividend income distributed after<\/u> 1 January 2023 <\/strong>increases from 5% to 8%<\/strong>. This new rate shall apply to all dividends distributed (resident and non-resident individuals & companies) unless exemptions apply.<\/p>

            Thus, for dividends distributed until 31 December 2022, even if these are paid after 1 January 2023, the applicable tax rate shall be of 5%. In the case of dividends distributed during 2022 but not paid by 31 December 2022, the tax will be declared and paid by 25 January 2023.<\/p>

            Dividend tax shall also be payable on dividends distributed \/ paid to privately managed pension funds and\/or voluntary pension funds.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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            Reinvested profit<\/strong><\/p>

            The scope of reinvested profit is extended by including the following acquired assets: assets used in production and processing, assets representing refurbishment.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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            Microenterprises<\/strong><\/p>

            This system becomes optional<\/strong>.<\/p>

            Romanian legal entities may choose to apply the microenterprise income tax from the tax year following the one in which they meet the microenterprise conditions set out in art. 47 (or from the year of incorporation for newly established companies) and if they have not been paying microenterprise income tax after 1 January 2023<\/u>.<\/p>

            Microenterprises may not opt for payment of corporate income tax during the tax year<\/strong>, but may exercise the option from the following tax year, with the exceptions set out in art. 52.<\/p>

            In other words, a company which on 31 December 2022 meets the conditions below may choose<\/strong> to apply the microenterprise income tax from 2023 onwards. If after 1 January 2023 it no longer meets the conditions and is obliged to switch to corporate income tax (this analysis is carried out quarterly), it will switch to corporate income tax from the quarter in which it no longer meets these conditions and will never be able to return to the microenterprise regime. <\/strong>If the company still meets the conditions for the microenterprise regime but wishes to switch to corporate income by choice, it will be able to do so from the following tax year and not during the year.<\/p>

            For newly established companies, in order to apply the tax regime for microenterprises from their establishment, these must not have partners \/ shareholders holding more than 25% of the value \/ number of equity securities or voting rights in more than three Romanian legal entities eligible to apply the income tax system for microenterprises, and the share capital must be held by persons other than the government and administrative & territorial units. At the same time, these must hire at least 1 employee within a maximum of 30 days of establishment.<\/p>

            The conditions for the application of the microenterprise tax regime <\/strong>from 2023 will be as follows:<\/p>

            • It generates more than 80% of its total revenue<\/strong>, other than from consultancy and\/or management<\/strong> services<\/strong>;<\/li>
            • Are cel<\/strong> pu\u021bin 1 salariat*<\/strong>;<\/li>
            • Realizeaz\u0103 venituri de maxim 500.000 euro<\/strong> (fa\u021b\u0103 de 1 milion de euro \u00een prezent<\/em>);<\/li>
            • Has at least 1 employee*<\/strong>;<\/li>
            • Capitalul social al acesteia este de\u021binut de persoane, altele dec\u00e2t statul \u015fi unit\u0103\u021bile administrativ-teritoriale;<\/li>
            • It earns up to \u20ac 500,000 <\/strong>(compared to \u20ac 1 million – conditions applicable at this time<\/em>);<\/li>
            • Has partners \/ shareholders who hold more than 25% <\/strong>of the value \/ number of equity securities or voting rights in no more than three Romanian legal entities <\/strong>eligible to apply the microenterprise income tax system<\/strong>, including the person who verifies the fulfilment of the conditions set out in this article;<\/li>
            • Its share capital is held by persons other than the government and administrative & territorial units;<\/li>
            • It is not in dissolution, followed by liquidation, registered in the Trade Register or with the courts, according to the law.<\/li><\/ul>

              Companies that do not meet all the above conditions owe corporate income tax <\/strong>(16% applied to taxable profit).<\/p>

              It is not clear at this stage what income from consultancy and\/or management services is: should we analyse it only according to the NACE code of the business carried out or according to the activity actually carried out (in the sense that many activities, although they do not have the words consultancy and management in their name, may have a consultancy component)?<\/em><\/p>

              A company applying the microenterprise regime from 2023 onwards shall owe corporate income tax from the quarter <\/strong>in which it achieves revenues of more than \u20ac 500,000 or the share of consultancy and\/or management income in total revenues exceeds 20% inclusive.<\/p>

              Also, a microenterprise shall owe income tax from the quarter in which it no longer has at least 1 employee. However, this condition will be deemed to have been met if, within 30 days of the termination of the employment relationship<\/strong>, a new employee is hired on an individual labour contract of indefinite duration or on a fixed-term contract with a duration of at least 12 months.<\/p>

              In the context of the above conditions, employee <\/strong>means:<\/p>

              • Person employed full-time based on an individual labour contract<\/strong>;<\/li>
              • Persons employed under individual part-time labour contracts, if the sum of the working time fractions laid down therein represents the equivalent of a full-time norm;<\/li>
              • Persons with management or mandate contracts, in accordance with the law, if their remuneration is at least at the level of the gross minimum basic wage guaranteed at national level.\u00a0<\/li><\/ul>

                Individual labour contracts \/ individual employment agreements, concluded according to special laws, as well as contracts suspended under the aw<\/strong>, are also taken into account. Suspended contracts are taken into account only if the period of suspension is less than 30 days and the situation is recorded for the first time in the tax year concerned.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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                The tax rate shall be 1% <\/strong>(the 3% rate is abolished).<\/em><\/p>

                The specific tax <\/strong>is abolished from 2023 <\/strong>and entities operating in the HORECA* sector will owe either microenterprise income tax <\/strong>(1% of taxable income) or corporate income tax <\/strong>(they will opt for one of the 2 regimes).<\/p>

                *The NACE codes for the activities to which these provisions apply are:<\/p>

                • 5510 – \u201cHotel service\u201d,<\/li>
                • 5520 – \u201cHoliday and other short-stay accommodation\u201d,<\/li>
                • 5530 – \u201cCamping grounds, recreational vehicle parks and trailer parks\u201d,<\/li>
                • 5590 – \u201cOther accommodation services\u201d,<\/li>
                • 5610 – \u201cRestaurants\u201d,<\/li>
                • 5621 – \u201cEvent catering activities\u201d,<\/li>
                • 5629 – \u201cOther food service activities\u201d,<\/li>
                • 5630 – \u201cBeverage serving activities\u201d.<\/li><\/ul>

                  In the case of entities carrying out the above activities, it is not necessary to meet the conditions for microenterprises <\/strong>(e.g. they can remain in the microenterprise tax system even if the amount of income exceeds the \u20ac 500,000 threshold).<\/p>

                  At the same time, 4 new categories of entities will be subject to corporate income tax<\/strong>, the above conditions not being applicable:<\/p>

                  • The Romanian legal person engaged in banking activities;<\/li>
                  • The Romanian legal person carrying out activities in the fields of insurance and reinsurance, capital markets, including those carrying out intermediation activities in these fields;<\/li>
                  • The Romanian legal person carrying out gambling activities;<\/li>
                  • The Romanian legal person engaged in exploration, development, exploitation of oil and gas deposits.<\/li><\/ul>

                    The order in which tax credits <\/strong>(tax reductions) are applied <\/strong>is clarified in the calculation of microenterprise income tax. Thus, the calculation is cascaded in the following order:<\/p>

                    1. Amounts related to sponsorships made;<\/li>
                    2. Purchase cost of electronic fiscal cash registers;<\/li>
                    3. Tax reduction according to the provisions of the Government Emergency Ordinance no. 153\/2020 for the establishment of tax measures to stimulate the maintenance \/ growth of equity capital, as well as for the completion of certain regulatory acts.<\/li><\/ol>

                      Declara\u021bia informativ\u0103 privind beneficiarii<\/strong> bunurilor\/serviciilor\/sponsoriz\u0103rilor<\/strong> se va depune p\u00e2n\u0103 la data de 25 iunie<\/strong> inclusiv a anului urm\u0103tor, pe perioada aplic\u0103rii prevederilor Ordonan\u021bei de urgen\u021b\u0103 a Guvernului nr. 153\/2020.<\/p>

                      The disclosure statement on the beneficiaries of goods \/ services \/ sponsorships <\/strong>shall be submitted by 25 June <\/strong>of the following year, during the period of application of the provisions of Government Emergency Ordinance no. 153\/2020.<\/p>

                      The option to switch from the microenterprise regime to corporate income tax <\/strong>is eliminated if the share capital is at least RON 45,000 and the company has at least 2 employees.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                      Wage and similar income<\/strong><\/p>

                      Two new categories of <\/strong>non-taxable benefits <\/strong>that may be granted to employees are introduced, <\/strong>as follows:<\/p>

                      1. The cost of food provided by the employer for its own employees<\/strong>, individuals earning income from wages or similar income, as provided for in the labour contract or internal regulations <\/strong>– up to the maximum amount, according to the law, of one meal voucher\/person\/day<\/strong>, provided for at the date of granting, in accordance with the legislation in force. The number of days in the month during which the individual is working remotely or working from home or on rest leave \/ medical leave \/ delegation shall not be taken into account when determining the monthly non-taxable threshold. Food means food prepared in own establishments or purchased from specialised establishments. The provisions do not apply to employees who receive meal vouchers <\/strong>in accordance with the legislation in force.<\/li>
                      2. Accommodation and rent <\/strong>for accommodation \/ living accommodation provided by employers to their employees, natural persons earning income from wages or similar income, as provided for in the labour contract or internal rules <\/strong>– up to a non-taxable threshold of 20% of the gross minimum basic wage\/month\/person guaranteed at national level<\/strong>, under the following conditions<\/strong>:<\/li><\/ol>
                        • The employee or his\/her spouse does not own or use a dwelling in the locality where he\/she works;<\/li>
                        • The accommodation \/ living accommodation is found on the employer\u2019s own premises<\/strong>, including hotel accommodation, or in a building rented from a third party <\/strong>by the employer;<\/li>
                        • The rental contract is concluded in accordance with the law – rental contract concluded by the employer with the owner of the building<\/em>;
                          • The non-taxable threshold is granted to one of the spouses, if both spouses work in the same locality, for the same employer or for different employers, on the basis of the spouse\u2019s affidavit.<\/li><\/ul><\/li>

                          • The lowest gross minimum wage at national level, in force in the month for which the benefits are granted, is taken into account when determining the threshold of 20% of the minimum gross basic wage guaranteed at national level.<\/p><\/li><\/ul>

                            Checking compliance with the conditions is carried out on the basis of supporting documents and falls within the responsibility of the employer<\/strong>.<\/p>

                            A new monthly threshold is introduced <\/strong>for non-taxable wage benefits. Thus, the following monthly cumulated <\/u><\/strong>income does not constitute taxable income, up to the monthly threshold of 33% of the basic wage<\/u> <\/strong>corresponding to the job held:<\/p>

                            1. Additional benefits received by employees under the mobility clause <\/strong>according to the law – up to 2.5 times the legal level established for the delegation \/ posting allowance<\/strong>, by Government Decision, for the personnel of public authorities and institutions;<\/li><\/ol>

                              The exception to this rule is the additional benefits received by mobile workers provided for in Government Decision no. 38\/2008 on the organisation of the working time of persons performing mobile road transport activities (these amounts are non-taxable within the same limits as the daily allowance and are not taken into account in this analysis<\/em>).<\/p>

                              1. The cost of food provided by the employer for its own employees<\/strong>, individuals earning income from wages or similar income, as provided for in the labour contract or internal regulations <\/strong>– up to<\/strong> the maximum amount, according to the law, of one meal voucher\/person\/day<\/strong>, provided for at the date of granting, in accordance with the legislation in force. The number of days in the month during which the individual is working remotely or working from home or on rest leave \/ medical leave \/ delegated shall not be taken into account when determining the monthly non-taxable threshold. Food means food prepared in own establishments or purchased from specialised establishments. The provisions do not apply to employees who receive meal vouchers in accordance <\/strong>with the legislation in force.<\/li>
                              2. Accommodation and rent <\/strong>for accommodation \/ living accommodation provided by employers to their employees, natural persons earning income from wages or similar income, as<\/strong> provided for in the labour contract or internal regulations <\/strong>– up to a non-taxable threshold of 20% of the gross minimum basic wage\/month\/person<\/strong> guaranteed at national level,<\/strong> under the following conditions<\/strong>:<\/li><\/ol>
                                • The employee or his\/her spouse does not own or use a dwelling in the locality where he\/she works;<\/li>
                                • The accommodation \/ living accommodation is found on the employer\u2019s own premises<\/strong>, including hotel accommodation, or in a building rented from a third party <\/strong>by the employer;<\/li>
                                • The rental contract is concluded in accordance with the law – rental contract concluded by the employer with the owner of the building<\/em>;<\/li>
                                • The non-taxable threshold is granted to one of the spouses, if both spouses work in the same locality, for the same employer or for different employers, on the basis of the spouse\u2019s affidavit.<\/li><\/ul>

                                  The lowest gross minimum wage at national level, in force in the month for which the benefits are granted, is taken into account when determining the threshold of 20% of the minimum gross basic wage guaranteed at national level.<\/p>

                                  Checking for compliance with the conditions is carried out on the basis of supporting documents and falls within the responsibility of the employer<\/strong>.<\/p>

                                  1. The cost of tourist and\/or treatment services, including transport, during the holiday period, for own employees and their family members, granted by the employer, as provided for in the\u00a0<\/strong>labour contract, in the internal regulations<\/strong>, or received on the basis of special laws and\/or financed from the budget – up<\/strong> to an annual threshold, for each employee, representing the level of an average gross salary <\/strong>used to base the state social security budget for the year in which they were granted;<\/li>
                                  2. Contributions to a voluntary pension fund <\/strong>under Law no. 204\/2006, as amended, and those representing contributions to voluntary pension schemes, qualified as such in accordance with the legislation on voluntary pensions by the Financial Supervisory Authority, managed by authorised entities established in Member States of the European Union or belonging to the European Economic Area, borne by the employer for its own employees – up<\/strong> to EUR 400 per year per person<\/strong>;<\/li>
                                  3. Voluntary health insurance premiums<\/strong>, as well as medical services provided in the form of a subscription, paid by the employer for its employees, so that the yearly amount does not exceed the equivalent in RON of EUR 400 per person<\/strong>;<\/li>
                                  4. Amounts granted to employees working remotely <\/strong>to support the cost of utilities at the place where the employee works, such as electricity, heating, water and internet subscription, and the purchase of office furniture and equipment, within the limits set by the employer in the labour contract or in the internal rules – up<\/strong> to a monthly threshold of RON 400 corresponding to the number <\/strong>of days during the month in which the individual is working remotely. The amounts shall be granted without the need to provide supporting documents.<\/li><\/ol>

                                    The order <\/strong>in which the above income is included in the monthly threshold of not more than 33% of the basic wage corresponding to the job held shall be determined by the employer<\/strong>.<\/p>

                                    Thus, in the case of the 7 categories of amounts that may be granted to employees, there are individual limitations (e.g. voluntary health insurance premiums cannot exceed \u20ac 400 \/ year \/ employee<\/em>) and a limitation on all 7 amounts combined. In order not to owe income tax and social security contributions on these amounts, employers must ensure that:<\/p>

                                    • The value of each of the 7 advantages does not exceed the individual limits;<\/li>
                                    • The value of all 7 benefits, cumulatively, does not exceed the limit of 33% of the basic wage corresponding to the job held.<\/li><\/ul>

                                      Exemple<\/u><\/strong>:<\/p>

                                      An employee of ABC SRL receives the following benefits in January 2023:<\/p>

                                      • Contribution to the voluntary pension fund of RON 500;<\/li>
                                      • Voluntary health insurance premium of RON 350;<\/li>
                                      • RON 400 are granted for the work carried out on remote work (in full);<\/li><\/ul>

                                        The employee\u2019s basic wage in January was RON 3,000.<\/p>

                                        We will examine whether the above benefits will be considered non-taxable when determining income tax and social contributions due.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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                                        Benefit<\/strong><\/td>Amount granted<\/strong><\/td>Threshold<\/strong><\/td>Tax treatment<\/strong><\/td><\/tr>
                                        Contribution to the voluntary pension fund<\/td>RON 500<\/td>\u20ac 400\u00a0<\/td>Tax-free, below the threshold<\/td><\/tr>
                                        Voluntary health insurance premium<\/td>RON 350<\/td>\u20ac 400<\/td>Tax-free, below the threshold<\/td><\/tr>
                                        Amount granted for remote work<\/td>RON 400<\/td>RON 400<\/td>Tax-free, below the threshold<\/td><\/tr>
                                        Total benefits<\/strong><\/td>RON 1,250<\/strong><\/td>RON 990<\/strong><\/td>The difference of RON 260 shall be taxed<\/strong><\/td><\/tr><\/tbody><\/table>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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                                        Thus, although for each of the 3 benefits granted the individual limits are observed, since the cumulative value of the benefits exceeds the threshold of 33% of the basic wage (e.g. RON 990), the amount of RON 260 shall be taxed in January (income tax 10%, pension contribution 25%, health insurance contribution 10% and labour insurance contribution 2.25% shall be calculated to this amount).<\/p>

                                        ! <\/strong>As this is a monthly threshold, attention <\/strong>should be paid to the months in which the tourist service expenses are settled<\/strong>.<\/p>

                                        Please note that employers also have the option to grant holiday vouchers (up to 6 gross minimum wages guaranteed at national level<\/em>) on which only income tax (not social contributions) is calculated, and these vouchers are not taken into account in the threshold of 33% of the basic wage.<\/p>

                                        From the year 2023 the amount of personal deductions <\/strong>is modified as follows:<\/p>

                                        • The basic personal deduction shall be granted to individuals who have a gross monthly income of up to RON 2,000 above the level of the gross minimum basic wage at national level (g. RON 4,550<\/em>); the deduction shall be calculated as a percentage of the minimum wage, depending on the gross income earned and the number of dependants.<\/li>
                                        • An additional personal deduction shall be granted as follows:<\/li><\/ul>
                                          1. a) 15% of the gross minimum basic wage guaranteed at national level for individuals up to the age of 26 who earn income from wages up to the level referred to in paragraph 3.<\/li>
                                          2. b) RON 100 per month for each child up to the age of 18, if the child is enrolled in an educational establishment, to the parent who receives income from wages, regardless of the level of the wages.<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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                                            Authorised Natural Person (Freelancer)<\/strong><\/p>

                                            At this time, for the purpose of determining the tax due by Authorised Natural Persons, two taxation systems are possible:<\/p>

                                            • Actual income system<\/strong>: involves the organisation of the accounts and the application of the 10% tax rate to the net income determined as the difference between receipts and payments made;<\/li>
                                            • Income tax bracket for self-employment income system<\/strong>: the 10% tax rate applies to the income bracket published by the Ministry of Public Finance (this depends on the NACE code of the business and the locality in which the activity is carried out); this system does not apply to all activities.<\/li><\/ul>

                                              The income tax bracket for self-employment income rule is a simplified system, as taxpayers are not required to keep accounts (they are required to fill in the Tax Register only with the part of the income earned); the tax base is fixed per year, regardless of the income earned.<\/p>

                                              In order to be taxed on a flat-rate basis, the authorised natural person must have a gross income of up to \u20ac 100,000 per year. From the year following the year in which this threshold is exceeded, it shall switch to the actual income system.<\/p>

                                              From 2023, the threshold is<\/strong> lowered <\/strong>from \u20ac 100,000 to \u20ac25,000<\/strong>. Thus, the authorised natural person taxed on a flat-rate basis shall switch to the actual income system from the year following the year in which they exceed the \u20ac 25,000 threshold.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                                              Rental Income<\/h4>

                                              The flat rate of expenses used to determine taxable income in the case of rental income earned by natural persons is abolished.<\/p>

                                              Thus, the change shall result in 4% a increase in the tax due (in this case 10% of the rental value compared to 10% of 60% of the rental value).<\/p>

                                              However, it should be noted that natural persons have the right to choose how to determine their net income in the actual income system, based on accounting data, and to determine the tax by applying the rate of 10% to the difference between receipts and expenses incurred.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                                              Income from sale of real estate<\/h4>

                                              In the case of the sale of buildings of any kind and their related land from personal property, natural persons shall owe tax calculated on the value of the transaction by applying the following rates:<\/p>

                                              1. a)3% <\/strong>on buildings of any kind and land relating thereto, and on land of any kind without buildings, held for a period of up to 3 years inclusive<\/strong>;<\/li>
                                              2. b) 1% <\/strong>for buildings described in a), held for more than 3 years<\/strong>.<\/li><\/ol>

                                                At the same time, the deduction from the transaction value of the non-taxable amount of RON 450,000 is eliminated. Thus, the tax shall be calculated by applying the above-mentioned rates to the full value of the transaction.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                                                Social contributions<\/h4>

                                                In the case of income earned by natural persons from self-employment and intellectual property rights<\/strong>, the social security contribution (pension – CAS) shall be calculated on a chosen income which may not be less than<\/strong>:<\/p>

                                                1. a) the level of 12 gross minimum wages <\/strong>at national level, in force on the deadline for submission of the return referred to in art. 120, in the case of income between 12 and 24 gross minimum wages at national level;<\/li>
                                                2. b) the level of 24 gross minimum wages <\/strong>at national level in force on the deadline for submission of the return provided for in art. 120, in the case of income above 24 gross minimum wages at national level.<\/li><\/ol>

                                                  In the case of income obtained by natural persons from pensions <\/strong>for the part exceeding the monthly amount of RON 4,000, from self-employment, from intellectual property rights, from association with a legal person, from the transfer of the use of goods, from agricultural, forestry and fish farming activities, from investments and from other sources<\/strong>, the health insurance contribution (CASS) shall be calculated at:<\/p>

                                                  1. a) the level of 6 gross minimum wages <\/strong>at national level, in force on the deadline for submission of the return referred to in art. 120, in the case of income between 6 and 12 gross minimum wages at national level;<\/li>
                                                  2. b) the level of 12 gross minimum wages <\/strong>at national level, in force on the deadline for submission of the return provided for in art. 120, in the case of income between 12 and 24 gross minimum wages at national level;<\/li>
                                                  3. c) the level of 24 gross minimum wages <\/strong>at national level, in force on the deadline for submission of the return referred to in art. 120, in the case of income above 24 gross minimum wages at national level.<\/li><\/ol>

                                                    Thus, for those who earn more than 24 minimum wages (e.g. RON 30,600 in 2022), the social contributions due shall double.<\/p>

                                                    The impact of these changes is shown in the table below:<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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                                                    Elements<\/strong><\/td>Income attained<\/strong><\/td>Threshold<\/strong><\/td>2023<\/strong><\/td>2022<\/strong><\/td>Difference<\/strong><\/td><\/tr>
                                                    Minimum wage<\/strong><\/td>RON 2,550<\/strong><\/td>RON 2,550<\/strong><\/td>\u00a0<\/td><\/tr>
                                                    CAS*<\/strong> – 25% x threshold<\/td>Between 12 and 24 minimum wages<\/td>12 minimum wages<\/td>RON 7,650<\/td>RON 7,650<\/td>– RON<\/td><\/tr>
                                                    CAS*<\/strong> – 25% x threshold<\/td>Over 24 minimum wages<\/td>24 minimum wages<\/td>RON 15,300<\/td>RON 7,650<\/td>RON 7,650<\/td><\/tr>
                                                    CASS<\/strong> – 10% x threshold<\/td>Between 6 and 12 minimum wages<\/td>6 minimum wages<\/td>RON 1,530<\/td>– RON<\/td>RON 1,530<\/td><\/tr>
                                                    CASS<\/strong> – 10% x threshold<\/td>Between 12 and 24 minimum wages<\/td>12 minimum wages<\/td>RON 3,060<\/td>RON 3,060<\/td>– RON<\/td><\/tr>
                                                    CASS<\/strong> – 10% x threshold<\/td>Over 24 minimum wages<\/td>24 minimum wages<\/td>RON 6,120<\/td>RON 3,060<\/td>RON 3,060<\/td><\/tr><\/tbody><\/table>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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                                                    VAT<\/h4>

                                                    The VAT rate increases from 9% to 19% <\/strong>for non-alcoholic beverages falling under the Combined Nomenclature codes 2202 10 00 and 2202 99 (beverages containing added sugar<\/em>).<\/p>

                                                    The VAT rate increases<\/strong> from 5% to 9% <\/strong>for accommodation in the hotel sector <\/strong>or in sectors with a similar function, including the letting of camping sites and restaurant and catering services<\/strong>, with the exception of alcoholic and non-alcoholic beverages falling within the Combined Nomenclature codes 2202 10 00 and 2202 99.<\/p>

                                                    In the case of the purchase of housing as part of the social policy, from 2023 onwards, the 5% <\/strong>rate shall apply for a single purchase, individually or jointly with another natural person<\/strong>, for the purchase of housing with a useful area of up to 120 square metres, excluding household annexes, whose value, including the land on which it is built, does not exceed RON 600,000<\/strong>, excluding the value added tax.<\/p>

                                                    As an exception, in the case of housing for which legal acts were concluded prior to 1 January 2023 concerning the advance payment for the purchase of housing, in 2023 the rules currently in force will apply<\/strong>:<\/p>

                                                    1. a) The supply of dwellings with a useful surface area not exceeding 120 square metres, excluding household annexes, the value of which, including the value of the land on which they are built, does not exceed the sum of RON 450,000<\/strong>, excluding value added tax, purchased by natural persons, if they have concluded by 1 January 2023 legal acts between living persons concerning the advance payment for the purchase of such dwellings;<\/li>
                                                    2. b) The supply of dwellings with a useful surface area of up to 120 square metres, excluding household annexes, the value of which, including the value of the land on which they are built, exceeds the sum of RON 600,000, but does not exceed the sum of RON 700,000<\/strong>, excluding value added tax, purchased by natural persons, individually or jointly with another natural person(s), if they have concluded by 1 January 2023 legal acts between living persons concerning the advance payment for the purchase of such a dwelling.<\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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                                                      Tax facilities in certain fields<\/h4>

                                                      From 1 January 2023, the tax relief applicable to the construction, agriculture and food industry sectors <\/strong>shall apply only to income earned under individual labour contracts <\/strong>(e.g. management contracts shall not be taken into account).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                                                      Other changes<\/h4>

                                                      The building tax shall be calculated by applying the tax rates set by local councils on the value of the building. The value of the building is calculated by multiplying the built-up area in square metres by the unit value per square metre expressed in RON, or by taking the value of the building, as the case may be, as contained in the Market Studies on the indicative values of real estate in Romania, managed by the National Union of Notaries Public of Romania.<\/strong><\/p>

                                                      The tax rates <\/strong>shall be a minimum of 0.1% for residential buildings and a minimum of 0.5% for non-residential buildings.<\/p>

                                                      For buildings comprising both residential and non-residential premises, the building tax\/levy is determined according to the use of the areas with a higher proportion (more than 50%) and is calculated by applying the proportion corresponding to the majority use to the value of the whole building.<\/p>

                                                      For the year 2023, the first deadline for payment of building tax and land tax is extended from 31 March 2023 to 30 June 2023<\/strong>.<\/p>

                                                      It is again compulsory to declare rental contracts <\/strong>concluded by natural persons to the tax authorities, as well as any changes made, within 30 days of the conclusion\/change to the competent tax authority. In the case of rental contracts in force on 1 January 2023, the registration of the contract concluded between the parties and the changes made shall be made with the competent tax office within 90 days of the date on which the obligation to register arose.<\/p>

                                                      The obligation to accept \u201cmodern payment systems\u201d (e.g. POS) is introduced for shops and companies providing services to the general public with a turnover of more than \u20ac 10,000 per year <\/strong>(compared to \u20ac 50,000).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                                                      Contact<\/h4>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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                                                      Simona Marilena ST\u0102NCULESCU <\/strong>
                                                      Tax Consultant, Chartered Accountant
                                                      SM ACCOUNTING & CONSULTANCY<\/strong>
                                                      +40 729 514 854
                                                      simona.stanculescu@smac.ro<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                                                      Keeping up with the tax news. 25 July 2022 Ordinance no. 16\/2022 was published on 15 July 2022 and significantly amends the Tax Code. You may\u00a0 find below a summary of the main proposed changes. Amendments to enter into force within 3 days from the date of publication of the Ordinance (18 July 2022): As […]<\/p>\n","protected":false},"author":3,"featured_media":11618,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-12385","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized-ro"],"yoast_head":"\nLegislative developments 25.07.2022 - STANCULESCU MINCU ACCOUNTING & CONSULTANCY<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/smac.ro\/buletin-informativ-25-07-2022\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Legislative developments 25.07.2022 - STANCULESCU MINCU ACCOUNTING & CONSULTANCY\" \/>\n<meta property=\"og:description\" content=\"Keeping up with the tax news. 25 July 2022 Ordinance no. 16\/2022 was published on 15 July 2022 and significantly amends the Tax Code. You may\u00a0 find below a summary of the main proposed changes. 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