Tax Flash No. 2/2017

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Emergency Ordinance no. 3/2017 amending and completing
Law no. 227/2015 regarding the Fiscal Code was published in the Official Gazette 16/2017

Among the main amendments we note the following:

Corporate income tax

  • Taxpayers performing exclusively activities of innovation, research and development, as well as related activities are exempt from corporate income tax within the first 10 years of activity.

Microenterprise income tax

  • The threshold for the classification as microenterprise was increased from EUR 100,000 to EUR 500,000.
  • The micro-enterprises tax rate will be 1% for microenterprises having at least one employee.

Income tax

  • It is specified that medical services rendered based on medical subscriptions, borne by employees, are also deductible from an income tax perspective  within the equivalent in RON of EUR 400 per year.
  • Transfers of buildings and lands from personal patrimony are subject to 3% tax for the excess over the non-taxable amount of RON 450,000.
  • Individuals who derive income from salaries from seasonal activities, included within the NACE classifications of art. 1 of Law no. 170/2016, based on individual employment agreements concluded for a determined period are exempt from income tax.

Social security contributions

  • The threshold representing the amount of 5 times the average gross salary for the monthly base for calculating social security and health contributions for persons deriving income from salaries and assimilated to salaries was eliminated.
  • Individuals deriving incomes from investment or incomes from other sources do not owe health insurance contribution for these types of income if they derive other income already subject to health insurance contribution (such as salaries or income from independent activities).

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