In general, in the last 10 years, since the implementation of the Fiscal Code, the avalanche of regulations that applied in the new year appeared in the last days of the year that was ending. The year 2013 started atypically with an apparent calm in the first 2 weeks (except for the VAT on collection which was under debate since last autumn). What followed can be summarized in the issuance of normative acts on the conveyor belt, acts that amend the legislation in force, most with very short application deadlines (for example starting with February 2013, or until 31.01.2013), as follows: 1. Order of the President of ANAF no. 1,992 / 2012 for the approval of the model and content of the informative declaration regarding the deliveries / services and acquisitions made on the national territory by the persons registered for VAT purposes (declaration 394), adapted also for the taxpayers who apply the VAT Collection System (Official Gazette, Part I, no. 17 / 9.01.2013) 2. Order of the President of ANAF no. 17/2013 for the approval of the Procedure for registration of agreements regarding the declaration and payment of social contributions, concluded by non-resident employers with resident or non-resident individuals operating in Romania and obtaining income from salaries, as well as for regulating procedural aspects (Official Gazette, Part I, No. 36 / 16.01.2013) 3. ANAF Order no. 24/2013 (published in the Official Gazette no. 45 of January 21, 2013), brings changes to two of the declarations used by individuals to declare their income tax: a. form 200 “Declaration regarding the incomes realized from Romania” will be modified by introducing some information that would allow the establishment of the tax base for the social contributions, depending on the category of income realized. b. form 260 “Tax decision for advance payments as tax”. 4. Order no. 8/2013 for the amendment and completion of Law no. 571/2003 regarding the Fiscal Code and the regulation of some financial-fiscal measures (Official Gazette no. 54 of January 23, 2013) TAX ON THE INCOME OF MICRO-ENTERPRISES The obligation to pay the income tax on the micro-enterprise is for all the entrepreneurs who achieved in 2012 and will achieve from 2013 incomes less than 65,000 euros. Taxation on the income of micro-enterprises is not mandatory in the case of companies that carry out activities in the field of banking, insurance and reinsurance, the capital market, gambling and consulting and management. The other taxpayers, regardless of the number of employees and provided that they achieve incomes lower than 65,000 euros, are obligatorily included in this taxation system, being obliged to pay a 3% tax on the realized incomes. A Romanian legal entity that is newly established is obliged to pay income tax on micro-enterprises starting with the first fiscal year. The taxable base of the income tax on micro-enterprises is the income from any source, from which are deducted: the income related to the costs of product stocks; revenues related to the costs of services in progress; income from the production of tangible and intangible assets; revenues from operating subsidies; income from provisions and adjustments for impairment or impairment; income resulting from the refund or cancellation of interest and / or late payment penalties, which were non-deductible expenses when calculating taxable profit; income from indemnities, from insurance / reinsurance companies, for damages caused to goods such as inventories or own tangible assets. Depending on the object of activity, this method of taxation can positively or negatively affect the taxpayer. EXAMPLE: in the case of a taxpayer who carries out a commercial activity with a turnover of 60,000 euros and a gross profit of 5% (gross profit = taxable profit in this example), the value of the micro-enterprise tax according to the new regulations is 1,800 euros ( 60,000 euros x 3% = 1,800 euros) and would be higher than the value of the profit tax (calculated on the taxable profit) that it would have owed according to the regulations in force at present (60,000 euros x 5% x 16% = 480 euros ).
The favorable aspects refer to the easing of the fiscal base and of the fiscal accountants and consultants, the fiscal risks related to the possibility of different interpretation of the legislation being minimal. In the current conditions of economic recession, uncertainty and distrust in the business environment, this measure imposed by the Government, as well as the flat tax introduced in 2009 can indirectly lead to either the closure or insolvency of small companies, but also to increase uncollected receivables. , in case the companies will not be able to pay their declarative obligations. TAX The main changes brought to the profit tax: – the obligation to highlight in the fiscal register all the incomes and expenses realized in a fiscal year from any source; – limiting the deduction of the expenses with the amortization of the fixed means of transport persons who have at most 9 existing passenger seats and those that will be purchased, within the limit of 1,500 lei / month. If in the catalog on the duration of operation of fixed assets, these cars can be depreciated between 4 and 6 years, and taxpayers chose the minimum depreciation period, now they will choose a duration of 6 years; EXAMPLE: car 108,000 lei, approximately 24,000 euros Depreciation period 4 years: 2,250 lei / month, resulting in 750 lei non-deductible expense Depreciation period 6 years: 1,500 lei / month – depreciation of biological assets, in the sense of their classification as depreciable assets; – consideration of intangible assets with an indefinite useful life as non-depreciable assets. – Clarifications are made regarding the regularization of the profit tax due by the non-resident legal entities from the transfer of the participation titles INCOME TAX The main changes to the income tax: – the scope of taxable income also includes income from forestry and fish farming and will be taxed in accordance with the rules applicable to income from independent activities for which the annual net income is determined in real terms, with a tax rate of 16%. – taxation of the allowance received by employees during the delegation and secondment in another locality, in the country and abroad, in the interest of the service, for the part that exceeds 2.5 times the legal level established by government decision for staff in public institutions at all employees . EXAMPLE: the legal daily allowance for staff in public institutions is 13 lei, respectively 32.5 lei representing 2.5 times the legal level. In conclusion, the amount exceeding 32.5 lei will be included in the calculation base of the tax on income from salaries and social contributions. – the amounts paid by a legal person for the goods or services provided in favor of a participant in the legal person, if the payment is made by the legal person for his personal benefit, are considered income from dividends and taxed as such; NON-RESIDENT INCOME TAX The changes brought to the income tax obtained in Romania by non-residents and the tax on the representations of foreign companies established in Romania: – 50% of the income from the provision of services in Romania or outside Romania, dividends, interest, commissions, royalties and from the exercise of a free profession will be taxed if the income is paid in a state with which Romania has not concluded a legal instrument the basis on which to exchange information;
Changes to the Value Added Tax: – Invoices can be stored on paper or in electronic format, regardless of the original form in which they were sent or made available and it is not mandatory to apply the provisions of Law no. 135/2007 regarding the archiving of documents in electronic form; – Clarifications are provided regarding the operations performed by the persons obliged to enter the VAT system upon collection or to leave the system, as well as for the period between the date from which they had the obligation to apply the system until the date of ex officio registration and, respectively. the date on which they were obliged to cease applying the system until ex officio deregistration; – in the case of stolen goods, the taxable person may cancel the VAT adjustment from the date on which the theft is legally proved by court decision INCOME FROM AGRICULTURAL ACTIVITIES Compared to the previous regulation, when the incomes from agricultural activities included only the following activities: cultivation of flowers, vegetables and greens, in greenhouses and solariums specially destined for these purposes and / or in irrigated system; cultivation of shrubs, decorative plants and fungi; operation of viticultural and fruit nurseries and the like; At present, the scope of taxable income has been extended by including those from the breeding and exploitation of animals, including the use of products of animal origin, in their natural state, as well as income from forestry and fish farming. Another important change refers to the fact that the determination of the annual income for the incomes from agricultural activities will take place only on the basis of the annual income norms, being eliminated the way of determining the annual net income in real system, based on single entry accounting data. Regarding the incomes from forestry and fish farming, the net income is determined in the real system. An important clarification refers to the fact that for the incomes from agricultural activities realized until February 1, 2013, the fiscal obligations are those in force at the date of their realization. Also, there are no taxable incomes and are not included in the tax base the incomes obtained by individuals from the natural capitalization of products collected or captured from wild flora and fauna, as well as those expressly provided as exempt from taxation, which are falls within certain quantitative limits established by law: oil plants up to 2 ha, cereals up to 2 ha, vines up to 1 ha, trees up to 1.5 ha, maximum 10 sheep and goats, maximum 3 cows, 6 pigs, 100 of birds or 100 bee families, etc. The payment of the tax related to these revenues is made to the state budget in 2 equal installments (50% of the tax until September 25 inclusive, and the difference until November 25 inclusive). 5. Government Decision no. 23/2013 (Official Gazette, Part I, no. 52, of January 23, 2013) for the establishment of the minimum gross basic salary in the country guaranteed in payment. Starting with February 1, 2013, the minimum gross basic salary is set at 750 lei per month, for a complete work schedule of 168,667 hours on average per month in 2013, ie 4.44 lei / hour. From July 1, the minimum gross basic salary in the country guaranteed in payment is set at 800 lei per month. Employers who set salaries lower than the minimum risk fines between 1,000 and 2,000 lei. 6. Order no. 65/2013 (Official Gazette no. 56 of January 24, 2013) contains the new instructions for completing declarations 392 A and 392 B. Since 2013, these forms are submitted by taxpayers who have a turnover of less than 220,000 lei. Fines for non-submission of information statements 392A and 392B are sanctioned with fines from 2,000 lei to 3,500 lei, for individuals, and with fines from 12,000 lei to 14,000 lei, for legal entities.