Tax Flash no.6/2021 – Emergency Ordinance no. 130/2021 regarding certain fiscal-budgetary measures, extension of terms, as well as for amending and completing normative acts

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20.12.2021 – Emergency Ordinance no. 130/2021 regarding certain fiscal measures, extension of terms, as well as for amending and completing normative acts was published in Official Gazette no. 1202

Main fiscal provisions

Extension of application of special taxes in the field of energy and natural resources

  • The application of the tax on the natural monopoly in the field of electricity and natural gas established through Government Ordinance no. 5/2013 is extended until December 31, 2025.
  • The application of the tax on revenues from exploitation of natural resources, other than natural gas, established through Government Ordinance no. 6/2013 is extended until December 31, 2025.

Early education

  • The application of the fiscal incentives for the early education (deduction from the profits tax of the early education expenses and non-taxation at the level of the employee) is suspended until December 31, 2022.

Income tax and social contributions

  • The threshold for gifts granted to employees and their children for Easter, Christmas and similar holidays, gifts granted to ladies for March 8 and gifts granted to employees for the benefit of their children in respect of June 1 anniversary, is increased from Lei 150 to Lei 300.
  • Gifts vouchers may be granted, occasionally, to own employees, for social expenses. Granting of gift vouchers to other categories of beneficiaries is forbidden.

VAT

  • The 5% reduced rate is applicable also for the acquisition of a single abode with a useful area of maximum 120 sqm, having a value (VAT exclusive) between Lei 450,000 and Lei 700,000.
  • The 5% reduced rate is applicable also for heating during the cold season for specific categories of consumers, including households, hospitals, regulated non-government organizations and religious cult units.

Ro e-Transport

  • The monitoring system for transports of goods on the national territory, referred to as RO e-Transport, is introduced. The application procedure will be established separately, within 30 days from the entry into force of the Emergency Ordinance.

Amendments to the law regarding prevention and combating fiscal evasion

  • The withholding and non-payment, or collection and non-payment, within 60 days of the due date provided by law, for taxes and / or contributions, are qualified as criminal offense.
  • If during the criminal investigation or trial the damage is fully covered and its value does not exceed EUR 100,000, a fine may be imposed. If the damage caused and recovered under the same conditions is up to EUR 50,000, the penalty with a fine is applied.
  • For the damage below the threshold of EUR 100,000, if during the criminal investigation or during the trial, the damage plus 20% and related interest and penalties are fully settled, the criminal offence is no longer punished.

Changes to the legislation regarding value tickets

  • Clarifications are brought to the circulation of value tickets, including meal tickets, nursery tickets, gift vouchers (such as that value tickets are issued only in electronic form).

Minimum gross salary

  • The minimum gross basic salary can be applied to an employee for a maximum period of 24 months, after which a salary higher than the minimum gross basic salary should be provided (applicable also in the case of employees having the minimum gross salary with individual employment contracts having a duration of more than 24 months).

GEO 69/2020 – cancellation of accessory fiscal obligations – extension of deadline

  • The term of January 31, 2021 provided for the application of GEO 69/2020 regarding the cancellation of some accessory fiscal obligations is replaced by June 30, 2022.

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