tax alert - roedl · romania (ceccar) – decision no. 15/341/2015 published in the official...

Tax Alert Fiscal News

No. 16th – 31st of May 2015 www.roedl.com/ro

Throughout the period of 16th-31st of May, the following fiscal changes entered into force:

The Membership Board of the Body of

Expert and Licensed Accountants of

Romania has been approved

The Body of Expert and Licensed Accountants of

Romania (CECCAR) – Decision no. 15/341/2015

published in the Official Gazette of Romania No.

0347/20.05.2015, Part I.

The 10th of May is declared national

holiday

The Parliament of Romania – Law no. 103/2015,


0336/18.05.2015, Part I.

The value of the nursery voucher for the Ist

trimester of 2015 has been established

The Ministry of Labour, Family, Social Protection

and Elderly (MMFPSPV) – Order no. 1070/2015 -


0373/28.05.2015, Part I

The Norms to apply the Tax Code have

been amended and supplemented

Decision no. 367/2015, published in the Official

Gazette of Romania No. 0373/28.05.2015

The list of documents that can be

communicated within the “Private virtual

space”, between The National Agency for

Fiscal Administration and natural persons,

has been amended.

Ministry of Public Finance - Order no. 572/2015


0355/22.05.2015, Part I.

The fines applied to natural persons who

practice unfair competition have been

increased

Law no. 117/2015 published in the Official Gazette

of Romania No. 0355/22.05.2015, Part I.

The value of the meal voucher has been

increased

The Ministry of Labour, Family, Social Protection

and Elderly (MMFPSPV) – Order no.1069/2015


0374/28.05.2015, Part I.

No. 16th – 31st of May 2015

2

The Official Gazette of Romania, Part I, No. 0336/18.05.2015 published Law no. 103/2015 to declare the day of 10th May a national holiday

Starting next year, the 10th of May shall be nationally celebrated. The normative act does not provide though that the 10th of May will also be a bank holiday (day off) for employees.

On this occasion, the Parliament, the President

of Romania, the Government, other central public authorities, as well as local public administration authorities will organize cultural and artistic events.

regarding the decisions related to accessory

payment obligations, as well as the provisions

concerning the fiscal certificate, which shall be

applied starting the 1st of July 2015.

According to the new regulations, the natural

persons who have selected communication by

remote electronic means of tax administrative

documents, electronically issued by tax

authorities, cannot also use other means of

communication for the tax administrative

document.

The scope of the category of documents,

concerning the tax situation applicable to the

natural person that can be subjected to

“private virtual space” communication, has

been extended. As such, the list of documents

issued by the tax authority, that can be

communicated to the taxpayer upon demand,

is supplemented with: - tax registration certificate (starting the 1

st of

July 2015), - income statement.

In case the natural person requests filling-in section D of the tax certificate “Other notes” with the certain, liquid and due amounts they have to collect from contracting authorities, they shall submit the document issued by the contracting authorities which certifies the amount of the certain, liquid and due sums that the natural person has to receive from them, in original, to the institution that requests the tax certificate. The respective information written under this section is valid only if it coincides with the data inscribed within the documents issued by the contracting authorities.

Moreover, the tax authority shall automatically

issue and communicate to the taxpayer any

decisions concerning the accessory payment

obligations (starting the 1st of July 2015).

The Official Gazette of Romania, Part I, No. 0347/20.05.2015 published the Decision no. 15/341/2015 regarding the approval of the Membership Board of the Body of Expert and Licensed Accountants of Romania

The normative act, enforced since 20.05.2015,

has approved the Membership Board of the Body of Expert and Licensed Accountants of Romania, containing expert accountants and licensed accountants, including the legal persons in the industry, as well as the inactive membership list of expert and licensed accountants of the Body of Expert and Licensed Accountants of Romania, without the right to practice.

The Official Gazette of Romania, Part I, No. 0355/22.05.2015 published Order no. 572/2015 to amend and supplement the Communication procedure by remote electronic means between the National Agency for Fiscal Administration and natural persons, approved by the Order of the Minister of Public Finance no. 1.154/2014 The normative act shall be enforced starting the

22nd

of May 2015, except for the dispositions


3

The list of documents issued by the taxpayer and

communicated to the tax authority is

supplemented as follows:

- Request to issue tax certificate;

- Request to issue income statement;

- Statement regarding the income made in Romania

(form 200) related to the revenues obtained

starting the year of 2014;

- Request regarding the destination of the amount

representing up to 2% of the annual tax on salary

and assimilated wages income (form 230), related

to annual tax due starting 2014;

- Statement regarding the estimated income/ income standards (form 220) for income obtained starting 2015.

All the documents made available to the natural person through the “private virtual space” service are electronic documents that have an extended electronic signature incorporated, attached or logically associated to them.

The normative act brings forward new dispositions

regarding the conditions for submitting tax statements, through the “private virtual space” service

- The submission of tax statements by a natural person consists in filling-in the data according to the fields in the model presented by the IT application available in the “private virtual space”. At the same time, the natural person can send along a file that contains the snapshot with the documentary evidence of the filled data.

- Based on the filled data and the sent file, the tax statement is automatically generated. This shall be signed with the qualified digital certificate of the Ministry of Public Finance, made available to the natural person through the “private virtual space” service and automatically uploaded to the statements submission channel.

- Any amendment to the tax statements submitted shall be made by submitting a correction statement

The Official Gazette of Romania, Part I, No. 0355/22.05.2015 published Law no. 117/2015 that approves the Government Ordinance no. 12/2014 for amending and supplementing Law no. 11/1991 on combating unfair competition and other acts concerning competition protection.

The normative act approves, with amendments, the Ordinance 12/2014, which changed the rules in cases of unfair competition practices, back in 2014.

The term natural person is defined as any former or current employee/ representative of an enterprise or any other person who applies unfair competition practices, along with the infringements provided by the normative act.

We hereby summarize the forbidden unfair competition practices:

a) Denigrating a competitor or their products/

services, by the communication or

dissemination - performed by an enterprise or

its employee/ representative – of information

not corresponding to reality regarding the

activity of a competitor or its products, able

to damage its interests; b) The diversion of an enterprise’s customers by

a former or current employee/ representative

or by any other person, by using trade secrets

for which the respective company has

undertaken reasonable measures to ensure

their protection and which could harm the

interests of that enterprise, if revealed; c) Any other commercial practices that go

against honest usage and the general

principle of good faith, and which produce or

are likely to create damages to any market

player.


4

Another important amendment is represented by the increase of the fines applied to natural persons who compete with their former or current employers. Thus, the natural persons who make use of the unfair competition practices mentioned in letters. a) and b) of the previous paragraph, shall be sanctioned with a fine ranging from 5.000 to 10.000 lei (between 1.000 and 5.000 lei, before the amendment).

The normative act also provides the following: - Any person who has a legitimate interest can

address directly to the competent court authorities for ceasing and forbidding unfair competition practices, for covering the economic and moral damages incurred through an unfair competition practice, with needing to undertake any formalities towards the Competition Council;

- In order to prevent imminent damage, the competent court can rule, by emergency procedure and in case they find, at a first evaluation, the existence of unfair competition practices, their cease and ban, until the cause is settled.

- On the expense of the guilty person, the court can rule publishing the court decision, partially or entirely, in a large edition newspaper.

Title III – Income Taxation

a) Updating the Application Norms for Title III was necessary due to subsequent amendments brought to the Tax Code by the Government Ordinance no. 4/2015, which instituted the payment exemption for the income tax, for revenues derived from independent activities, wages, pensions, as well as for revenues from agricultural, forestry and piscicultural activities, obtained by natural persons with serious or pronounced disabilities.

In summary, the main amendments are: - the tax exemption will be applied to revenues

obtained starting the date when the taxpayer is registered with serious or pronounced disability, according to the documentary evidence;

- the net income from independent activities, performed by a natural person with serious or pronounced disability, individually and/or within an association, shall be proportionally reduced with the number of calendar days for which the income is exempted from tax payment. Anticipated tax payments shall be calculated for the annual net income, proportionally reduced with the number of days.

- in case of revenues from agricultural, forestry and piscicultural activities, the annual net income/ income standards income shall be proportionally reduced with the number of calendar days for which the income is exempted from tax payment. The annual tax/ anticipated payments for taxation purposes, established according to the tax decision notice, shall be calculated for the annual net income/ income standards, proportionally reduced with the number of days.

- The provisions regarding the tax exemption are similarly applicable to the taxpayer who is registered, during the taxable period, as having serious or pronounced disability, as well as to the taxpayer who, during the taxable period, is no longer registered in the respective disability category, according to the law.

The Official Gazette of Romania, Part I, No. 0373/28.05.2015 published the Decision no. 367/2015 for amending and supplementing the Methodological Norms to apply Law no. 571/2003 regarding the Tax Code, approved by Government Decision no. 44/2004

.

The normative act is enforced starting the 1st of June 2015 and aims to update the Norms, subsequent to the latest amendments brought to the Tax Code.


5

b) Further clarifications are made regarding the deduction of social security contributions from the income obtained on every source within the category of revenues from rental and leasing activities, as follows: - The social health insurance contributions are deducted by the competent tax authority from the revenues obtained on every source within the category of revenues from rental and leasing activities, regardless if the determination of the net income is made in actual income system, based on income standards or by using flat-rate expenses. - If the revenues considered in setting the annual calculation base for social health insurance contribution exceed the corresponding limit of the respective fiscal year, the amounts representing social health insurance contributions allocated to the corresponding income of every source are deductible. - The competent tax authority has the obligation to recalculate the net income/ taxable amount and to determine the due income tax. The normative act specifies that the revenues obtained by natural persons as gratuity are included in the category of revenues from other sources, according to the provisions of the Government Emergency Ordinance no. 28/1999. Under art. 79. from the Tax Code, the income tax is calculated by withholding at the time of revenues’ payment by the revenues payers, by applying a quota of 16% to the gross income.

For the gratuity, the social health insurance contribution is not due, if the respective persons also obtain in a fiscal year at least one of the following types of income: revenues from salaries, pensions, unemployment benefits, independent activities, revenues from agricultural, forestry and piscicultural activities, revenues from an association with a legal person that does not generate a legal person (art. 296.27 paragraph 2 of the Tax Code).

Moreover, according to the normative act, the gratuity that remains at the disposal of the trader is submitted to the standard VAT rate of 24%, in the case of traders registered for VAT.

Title VI – VAT

a) Updating the Application Norms for Title VI was necessary due to subsequent amendments brought to the Tax Code by the Government Ordinance no. nr. 6/2015.

b) We hereby reiterate that, starting 01.06.2015, the application area of the reduced VAT rate (9%) has been extended to the following services and/or goods:

- the delivery of the following goods: food, including beverages, except for alcoholic beverages, intended for human and animal consumption, living animal and birds of domestic species, seeds, plants and ingredients used for preparing food, products used to complete or replace food.

- restaurant and catering services, except for alcoholic beverages.

b) The Government Ordinance 367/2015 establishes the list and corresponding codes for the food products that are subjected to the reduced VAT quota of 9%.

c) The reduced VAT rate of 9% is applied to the goods found on the previously mentioned list, across the entire economic chain, from

production up to the sale to the end consumer, by all the suppliers, regardless of their function of producers or traders.

For example: an agricultural producer selling fruits to a trader will apply a VAT rate of 9%; at his turn, the trader will further sell the fruits with the same VAT rate of 9%, regardless of the next destination of the delivered fruits – food, raw material for jam, compote or alcohol production.

By exception, for the delivery of goods such as: seeds and fruit, industrial plants and herbs, straw and fodder, fats and oils, plant extracts etc., the reduced VAT rate of 9% is applied by any supplier only if they can provide proof


6

that these goods are used for preparing food intended for human or animal consumption, or for completing or replacing food intended for human or animal consumption. d) The normative act also encompasses a series of specific regulations, among which: : - In case of trading a package that contains goods subjected to the VAT rate of 9%, as well as to the VAT rate of 24%, at a global price, the VAT rate corresponding to each good shall be applied, if the goods that compose the package can be separated, otherwise applying the standard rate of 24% to the total value of the package. An exception to this is represented by the freely offered goods intended to stimulate sales; - Any combination of alcoholic and non-alcoholic beverages, regardless of the alcohol concentration, is considered alcoholic beverage. For alcoholic beverages served in restaurants or offered through catering services, the 24% VAT rate shall be applied, but it is not considered a separate delivery of goods, since the provision of alcoholic beverages is part of restaurant and catering services; - In case of half-board, full board or “all inclusive” accommodation, the reduced VAT rate is applied to the total price of the accommodation, which can also include alcoholic beverages; Title VII – Excises and other special taxes

The Government Decision 367/2015 adjusted the calculation formula of the excise for: beer, sparkling wine, sparkling fermented beverages and intermediary products; ethyl alcohol; cigarettes, cigars and cigarillos; fine-cut smoking tobacco, intended for the rolling of cigarettes and other smoking tobaccos; energy products; electricity. Title IX.2 - Compulsory social contributions

a) Further clarifications are made regarding the natural persons exempted from the payment of social security contributions, namely:

- The persons who are no longer falling in the categories of persons exempted from the payment of social security contribution and who obtain revenues that are chargeable for social security contributions, have due contribution starting the 1st of the month after the one when they stop fulfilling the exemption conditions.

- The taxable amount is established on a monthly basis, in proportion to the outstanding period until the end of the fiscal year for which the contribution is due.

b) The normative act regulates, for the persons who

obtain revenues out of rental and leasing activities, the method by which the tax authority determines the annual payment obligations for the social security contribution and the integration into the maximum limit.

- for establishing the annual payment obligations

of the social security contribution and for the integration into the maximum limit, the annual taxable amount is determined by adding the annual taxable amounts related to revenues out of rental and leasing activities, for which the social security contribution is due.

- The annual taxable income cannot exceed a value 5 times higher than the average gross salary income multiplied by 12 months.

- If the annual taxable income is higher that the maximum ceiling, the tax authority establishes, by annual decision, the due annual contribution, calculated by applying the individual rate to the maximum ceiling.

- The due annual contribution is allocated to the income corresponding to each source, in proportion to the weight of the taxable amounts on each source within the annual taxable amount, to the purpose of granting the deduction as per title III.


7

For the 1st trimester of 2015, starting the month of May, the value of the monthly amount offered as nursery vouchers remains at the level established for the second trimester of 2014, respectively at 440 lei .

The Official Gazette of Romania, Part I, No. 0374/28.05.2015 published the Order no. 1069/2015 that sets the value of the indexed monthly amount for a meal voucher, in the first trimester of the year 2015.

For the 1st trimester of 2015, starting the month of May, the nominal value of a meal voucher shall increase from 9,35 lei to 9,41 lei.

The Official Gazette of Romania, Part I, No. 0373/28.05.2015 published the Order no. 1070/2015 that sets the value of the indexed monthly amount offered as nursery voucher, in the first trimester of the year.

Contact

Bucharest

014453 1st District, Calea Floreasca no 55

Grand Offices

4th Floors 2nd Floor

Anca Sucala

Partner Head of Audit, BPO and Consultancy eMail: [email protected]

Bogdan Fratila

Partner Head of Legal Department eMail: [email protected]

Luciana Hofner

Senior Associate Consultancy Department eMail: [email protected]

8

Roedl & Partner Outsourcing SRL

Phone: 021 230 22 75

Fax: 021 231 48 35

e-mail: [email protected]

Roedl & Partner Audit SRL

Phone: 021 230 22 75

Fax: 021 231 48 35


Cluj-Napoca

Milton Lehrer Street, no 14

Phone: 0364 401891

Mobil: 0725 680 473


Timisoara

Revolutiei Blvd, no 20, 1st floor,

apt.2

Phone: 0356 177 266

Fax: 0356 177 267


Sibiu

Scoala de Inot Street, no 22, 1st

floor

Phone: +40 (36) 440 18 91


SCP “Fratila, Rodl & Partner” SCA

Phone: 021 310 21 62

Fax: 021 310 21 72


For additional questions regarding

the presented problems, please do not

hesitate to contact us.

If you want to subscribe to the Rödl &

Partner free newsletters, please send us an

email to [email protected] specifying your

name, position and company name.

If you no longer wish to receive our

newsletters, you can unsubscribe by sending

us an email at [email protected].

Tax Alert is a selection of legislative news with informative purposes only.

.

9

„Each and every person counts“ – to the Castellers and to us.

Human towers symbolize in a unique way the Rödl & Partner corporate culture. They

personify our philosophy of solidarity, balance, courage and team spirit. They stand for the

growth that is based on own resources, the growth which has made Rödl & Partner the

company we are today. „Força, Equilibri, Valor i Seny“ (strength, equilibrium, value and

common sense) is the Catalan motto of all Castellers, describing their fundamental values

very accurately. It is to our liking and also reflects our mentality. Therefore Rödl & Partner

embarked on a collaborative journey with the representatives of this long-standing

tradition of human towers

– Castellers de Barcelona – in May 2011.

The association from Barcelona stands, among many other things, for this intangible

cultural heritage.

tax alert - roedl · romania (ceccar) – decision no. 15/341/2015 published in the official...

Documents