I ORDER no. 1525/2022 on establishing the Procedure for granting fiscal facilities in the sector agricultural and food industry
Published in the Official Gazette no. 661 / 01.07.2022
Approves the Procedure for granting tax facilities in the agricultural and in the food industry sectors.
The tax facilities for the agricultural sector and the food industry consist of:
+ exemption from the payment of income tax, for salary incomes and assimilated to salaries;
+ reduction of the social security contribution rate, for salary incomes and assimilated to salaries by a percentage of 3.75%. Employees can opt in writing, for the payment of the 3.75% quota to the privately administered pension fund;
+ exemption from the payment of the social health insurance contribution, for salary incomes and assimilated to salaries;
+ reduction of the share of the insurance contribution for work, at the level of the quota that is income to the Guarantee Fund for the payment of salary claims;
+ exemption from paying social security contributions due by employers, in case of particular working conditions or special working conditions.
The fiscal facilities are granted for the activity carried out in Romania, including the individuals seconded on the Romanian territory. The fiscal facilities are not granted to the individuals who are seconded outside Romania.
Conditions for the application of fiscal facilities:
+ employers must generate turnover from the activities included in the fields: Food industry, agriculture, hunting and ancillary services;
+ employers must achieve turnover from the activities mentioned above within at least 80% of the total turnover;
+ the gross monthly salary incomesand assimilated to the salaries made by the individuals for whom the exemption is applied, are calculated at a gross employment salary for 8 hours of work / day of minimum 3,000 RON per month.
II ORDER no. 1528/2022 on establishing the Procedure for granting fiscal facilities in the field constructions
Published in the Official Gazette no. 661 / 01.07.2022
Approves the Procedure for granting tax facilities in the construction field.
The fiscal facilities for the construction field consist of:
+ exemption from the payment of income tax, for salary incomes and assimilated to salaries;
+ reduction of the social insurance contribution quota, for the salary incomes and assimilated to the salaries of salaries by a percentage of 3.75%. Employees can opt in writing, for the payment of the 3.75% quota to the privately administered pension fund;
+ the exemption from the payment of the social health insurance contribution, for the salary incomes and assimilated to salaries;
+ reduction of the share of the insurance contribution for work at the level of the quota that is income to the Guarantee Fund for the payment of salary claims;
+ exemption from the payment of social insurance contributions due by employers, in case of special or special working conditions.
The fiscal facilities are granted for the activity carried out in Romania, including the individuals seconded on the Romanian territory and are not granted to the individuals who are seconded outside Romania.
Conditions for the application of fiscal facilities:
+ employers must achieve turnover from construction activities within the limit of at least 80% of total turnover;
+ the gross monthly salary incomes and assimilated to the salaries made by the individuals for whom the exemption is applied, are calculated at a gross employment salary for 8 hours of work / day of minimum 3,000 RON per month.
III LAW 195/2022 for completing art. 25 of the Accounting Law no. 82/1991
Published in the Official Gazette no. 668 / 04.07.2022
As of January 1, 2023, payroll statements for which the employer has a return on withholding tax, on income recipients (form 205) or for which the employer has a legal obligation to file the declaration of obligations to pay contributions social security, income tax and the nominal record of the insured persons, at the National Agency for Fiscal Administration (form 112), are kept for 5 years.
Prior to this completion, the payroll statements were kept for 50 years.
IV ORDER no. 1667/2022 for the modification of the Procedure for use and operation of the system on the electronic invoice RO e-Invoice, as well as the receipt and download of the electronic invoice by the recipients of the electronic invoice issued in the B2G relationship in the national system on the electronic invoice RO e-Invoice, approved by Order of the Minister of Finance no. 1,365 / 2021, and regarding the amendment of the Order of the Deputy Prime Minister, Minister of Public Finance, no. 2,004 / 2013 for the approval of the procedures regarding the register of public entities and the register of other entities
Published in the Official Gazette no. 714 / 15.07.2022
Amends the Procedure for the use and operation of the national RO e-Invoice system, as well as the receipt and download of the electronic invoices issued in the B2G relationship, by the recipients.
The recipients of the electronic invoices issued in the B2G relationship, respectively the persons registered as users in the Virtual Private Space (SPV), have the obligation to receive and download the electronic invoice by accessing the Electronic Invoice section available in SPV within the portal of the National Agency for Fiscal Administration or, in case of those registered in the Register. public entities, by accessing the “Single Point of Access” on the website of the Ministry of Finance – National Forexebug Reporting System, section “View reports” – “Electronic invoices”.
If the recipient has objections to an electronic invoice issued in the B2G relationship, the recipient can send a notification through the section Electronic invoice available in the SPV or through the national reporting system Forexebug the issuer of the electronic invoice, by sending a message.
V ORDER no. 1,580 / 1,098 / 2220/2022 for the approval of the model, content, modality for the submission and management of the “Declaration on the obligations to pay social security contributions, income tax and nominal records of insured persons”
Published in the Official Gazette no. 715 / 15.07.2022
Approves the new model and content of the form 112 “Declaration on the obligations to pay social security contributions, income tax and nominal records of insured persons”, as well as annexes no. 1.1 “Employer Annex” and no. 1.2 “Employees Annex”
Mainly, the new form introduces information on employees working in the construction / agricultural/ food industry sectors.
VI ORDINANCE no. 16/2022 for the amendment and completion of Law no. 227/2015 on the Code fiscal, repeal of normative acts and other financial-fiscal measures
Published in the Official Gazette no. 716 / 15.07.2022
Find below the news brought by the ordinance.
Tax on dividents
Increase of the dividend tax rate, from 5% to 8%, for dividends distributed / paid between Romanian legal entities, as well as for those distributed / paid to non-residents. The amendment applies starting from January 1st, 2023.
Changes to micro – enterprises
+ reduction of the revenue ceiling obtained in the previous year from EUR 1 000 000 to EUR 500 000 for micro-enterprises;
+ elimination of the fiscal facility through which micro-enterprises without employees paid income tax of 3%. Thus, only the 1% income tax on micro-enterprises with at least one employee remains in force;
+ micro-enterprises that generate revenues from consulting and/or management in a percentage of over 80% will due profit tax;
+ limiting the number of micro-enterprises to a maximum of three for associates that hold more than 25% of the value of the participation titles;
+ newly established Romanian legal entities can opt to pay tax on the income of micro-enterprises starting from the first fiscal year.
The changes applies starting with January 1st, 2023.
Income tax and compulsory social contributions
+ limiting the application of fiscal facilities in constructions, the agricultural and food sector, respectively reducing the income ceiling up to which the exemption is applied, from the salary of 30,000 lei, to 10,000 lei, starting with the revenues related to August 1st, 2022;
+ the social insurance contribution due by individuals earning income from salaries or assimilated to salaries, based on an individual full-time or part-time employment contract, may not be lower than the level of the social insurance contribution applied to the basic salary minimum gross per country, corresponding to the number of working days in the month in which the contract was active. Exceptions: pupils or students, up to the age of 26, apprentices, people with disabilities or other categories of persons who are legally allowed to work less than 8 hours a day, pensioners for the age limit, employees who accumulate during the same month income from salaries based on two or more individual employment contracts, and the cumulative monthly calculation basis related to them is at least equal to the minimum gross basic salary in the country. It shall apply from August 1st, 2022.
+ regulation of the fiscal regime applicable to the allowances for the care of the patient with oncological diseases, similar to the one applicable to the allowances for maternal risk, maternity, care of the sick child, respectively, this type of allowance represents non-taxable income and is not included in the calculation of social insurance health contribution, being due only the social insurance contribution;
+ the introduction of a monthly non-taxable income ceiling that is not included in the calculation bases of the compulsory social contributions, of at most 33% of the basic salary corresponding to the job occupied, under the conditions established by law, for the following:
- additional benefits received by employees based on the mobility clause, up to 2.5 times the legal level established for the delegation / secondment allowance, by Government decision, for the staff of public authorities and institutions;
- the value of the food provided by the employer for his own employees as provided in the employment contract or in the internal regulations, within the maximum value, according to the law, of a meal / person / day ticket, provided on the date of granting;
- accommodation and the equivalent value of the rent for accommodation / living spaces made available to their employees by employers, as provided in the employment contract or in the internal regulations, up to a non-taxable ceiling of 20% of the minimum gross basic salary in the country guaranteed in payment / month / person, under certain conditions provided by law;
- the value of tourist and / or treatment services, including transport, during the leave, for their own employees and their family members, granted by the employer, as provided in the employment contract, the internal regulations, or received on the basis of special laws and / or financed from the budget, within an annual ceiling, for each employee, representing the level of an average gross salary used to substantiate the state social insurance budget for the year in which they were granted;
- contributions to a voluntary pension fund and those representing contributions to voluntary pension schemes, thus qualified in accordance with the legislation on voluntary pensions by the Financial Supervisory Authority, administered by authorized entities established in Member States of the European Union or belonging to the Economic Area European, borne by the employer for his own employees, up to a limit of 400 euros per year per person;
- voluntary health insurance premiums, as well as medical services provided in the form of a subscription, borne by the employer for its own employees, so that at the level of the year does not exceed the equivalent in RON of the amount of 400 euros, for each person;
- the amounts granted to employees who carry out telework activities to support expenses with utilities at the place where the employees carry out their activity, such as electricity, heating, water and data subscription, and the purchase of office furniture and equipment, within the limits set by the employer by the employment contract or the internal regulation, within the limit of a monthly ceiling of 400 RON corresponding to the number of days in the month in which the natural person carries out telework activity.
The amendment applies starting with January 1st, 2023.
Revision of the system for granting personal deductions in the case of taxpayers who earn income from salaries at the place where they have the basic function.
Personal deduction includes:
+ basic personal deduction – granted for individuals who have a gross monthly income of up to 2,000 RON above the level of the minimum gross basic salary per country guaranteed in payment approved by Government decision, in force in the month of income;
+ additional personal deduction – granted as follows:
- 15% of the minimum gross basic salary per country guaranteed in payment for individuals up to 26 years of age, who earn income from salaries whose level is up to the level of 2,000 RON above the level of the minimum gross basic salary per country guaranteed in payment;
- 100 RON per month for each child up to 18 years of age, if he is enrolled in an educational unit, to the parent who earns income from salaries, regardless of their level.
If the parent works for several employers, he must declare that he does not benefit from such deductions from another employer and submit a statement on his own responsibility in this regard.
The changes apply starting with January 1st, 2023.
Taxation of independent activities
+ the reduction of the ceiling regarding the incomes from independent activities, for the authorized individuals , the individual, family enterprises at the income norm, the reduction being from 100,000 euros to 25,000 euros.
+ modification of the annual basis for calculating the social security contribution, in the case of persons earning income from independent activities income and / or income from intellectual property rights, from one or more sources and / or categories of income, whose cumulative value is at least equal to 12 minimum gross salaries per country.
The annual calculation basis may not be less than:
- the level of 12 minimum gross salaries per country, in case of realized incomes between 12 and 24 minimum gross salaries per country;
- the level of 24 gross minimum salaries per country, in case of incomes achieved by more than 24 minimum gross salaries per country.
+ modification of the annual basis for calculating the social health insurance contribution, in the case of persons earning income from independent activities, income from intellectual property rights, income from association with a legal entity, whose cumulative value is at least equal to 6 salaries gross minimums in the country.
The annual calculation basis is:
- the level of 6 minimum gross salaries per country, in case of realized incomes between 6 and 12 minimum gross salaries per country;
- the level of 12 minimum gross salaries per country, in case of realized incomes between 12 and 24 minimum gross salaries per country;
- the level of 24 gross minimum salaries per country, in case of incomes achieved by more than 24 minimum gross salaries per country.
The changes apply starting with January 1st, 2023.
Changes to VAT
+ the change in value added tax for HoReCa services will increase from 5% to 9%.
+ the transition from the application of the reduced VAT rate of 9% to the application of the standard VAT rate, in the case of non-alcoholic beverages containing added sugar or other sweeteners or flavored;
The changes will apply from January 1, 2023.
VII ORDER no. 1669/2022 for the approval of the Accounting Reporting System on June 30, 2022 of economic operators
Published in the Official Gazette no. 723/19.07.2022
Approves the accounting reporting system on June 30, 2022 of economic operators. The deadline for submitting accounting reports to the territorial units of the Ministry of Finance is the latest on August 16, 2022.
It is worth reminding that the scheme is applicable to entities with a turnover of more than 1,000,000 EUR in the previous year.
VIII LAW no. 258/2022 amending Art. 65 para. (5) of the Law no. 263/2010 on the Unified Public Pension System
Published in the Official Gazette no. 744/25.07.2022
It adds three new locations to the list of polluted ones, namely Turburea, Gorj county, Borsec, Harghita county, and Grințieș, Neamt county, thus their residents and those nearby (those within a radius of eight kilometres) who have lived there for at least 30 years can retire two years earlier without suffering penalties.
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