Tax Flash No. 7/2017
Law no. 177/2017 regarding the approval of Emergency Ordinance no. 3/2017 for amending and completing Law no. 227/2017 regarding the Fiscal Code, was published in the Official Gazette 584/2017
CORPORATE INCOME TAX
- Associations of owners constituted as legal persons and associations of tenants recognized as owners’ associations, except those who derive income from the exploitation of joint property, are subject to corporate income tax as of 1 January 2018.
- The counter value of goods close to expiration date and those that are unfit for human or animal consumption, that will be used under the law to combat food waste, are deductible expenses.
MICROENTERPRISE INCOME TAX
- The microenterprises income tax regime prevails over Law no.170/2016 on the tax on specific businesses
- Clarifications are brought regarding the taxation of the legal persons that at 31 December 2016 derived income between EUR 100,001-500,000 and are subject to Law no. 170/2016.
INCOME TAX
- Medical subscriptions paid by the employers will not be taxed within the limit of the equivalent in lei of EUR 400 per year.
- Taxpayers who derive income from production, commerce, provision of services, liberal professions and income from intellectual property, and make proof of the tax registration for such activities by submitting in this respect a sworn declaration to the income payers at the payment time, are not subject to the tax withholding mechanism applicable to the category of “income from other sources”.
VAT
- The letting, leasing, concession, renting of goods, granting over a certain period of time, for consideration, certain rights in rem, such as usufruct and superficies, over an immovable property, fall into the category of supplies of goods / services performed on a continuous basis, subject to the same rules for determining the chargeable event, namely on the date when an invoice was issued in the absence of contractual provisions regarding the date of payment.
- The term for adjusting the VAT related to outstanding invoices due to the bankruptcy of the beneficiary or following the implementation of a reorganization plan admitted and confirmed by a court decision, is provided. Such an adjustment entails the reopening of the subsequent verification reserve for the fiscal period in which occurred the chargeability of the VAT related to the operation subject to the adjustment.
- The references to the intention and capacity to carry out economic activities are removed, being provided that the registration for VAT purposes will depend on the fiscal risk of the taxable persons, the criteria for determining it going to be established by a NAFA Order.
EXCISE DUTIES
- For the period 1 July 2017-31 March 2018 inclusive, the specific excise duty for cigarettes is lei 333.582/1,000 cigarettes.
- The rates of excise duties further applicable for the period 2017-2022 are approved.
- The authorization of tax warehouses, registered consignees, registered consignors and authorized importers shall be performed by the General Regional Directions for Public Finance. The procedure and the conditions for authorization are established by a NAFA Order.
