The Agreement on the Exchange of Tax Information between Romania and Jersey

Law no. 290/2015 of 20 November 2015 ratifies the Agreement between the Government of Romania and the Government of Jersey on the exchange of tax information, signed in London, on 1 December 2014. The Agreement stipulates that the competent authorities should assist by sharing information considered relevant to the administration and enforcement of the domestic laws of the two countries.

Each Party shall ensure that its competent authorities have the authority to obtain and provide the following on request:

• Information held by the banks, other financial institutions and any person acting as an agent or as a fiduciary, including proxies and directors;
• Information on the legal and actual ownership of the companies, partnerships and other persons;
• In the case of trusts, information on the founders, directors, protectors and beneficiaries;
• In the case of foundations, information on the founders, members of the foundation Board and beneficiaries;
• In the case of funds or collective investment schemes, information on the shares, units and other rights.

The Procedure of Provision of Tax Incentives

The Order of the Minister of Public Finance no. 3831/2015 approves the Procedure of enforcement of the Government Emergency Ordinance no. 44/2015 on granting tax incentives for claims managed by the central tax authority.

The competent tax authorities may grant the following incentives:

• The deferred payment of ancillary payment obligations, up to the settlement of the application for annulment of the ancillary obligations;
• The cancellation of ancillary payment obligations.

The following categories of ancillary payment obligations may be subject to tax incentives:

• Penalty payments;
• A share of 54.2% of the interest;
• A share of 77.1% of the late payment interest owed by taxpayers up to the effective date of the Government Emergency Ordinance no. 39/2010 amending and supplementing the Government Ordinance no. 92/2003 on the Tax Procedure Code, as approved with amendments by Law no. 46/2011.

The aforementioned ancillary payment obligations are associated to:

• The main payment obligations outstanding as at 30 September 2015, inclusive;
• The main payment obligations declared additionally by the taxpayer by way of the amending declaration, which corrects the main tax obligations with maturities prior to 30 September 2015, inclusive;
• The main payment obligations with payment terms up to 30 September 2015, inclusive, and settled by such date;
• The main payment obligations contained in the tax decisions issued as a result of a tax inspection in progress by the effective date of the Government Emergency Ordinance no. 44/2015.

This Order regulates:

• The elements required for the notice;
• The procedures for allowing the deferred payment;
• The procedures for cancelling ancillary payment obligations;
• The procedures for cancelling the payment for taxpayers enjoying payment rescheduling;
• The Annexes for the payment obligations set by the tax authorities.

The Correction of Material VAT Errors

The Order of the President of N.A.F.A. (National Agency for Fiscal Administration) no. 3604/2015 enforces the provisions of Article 105, paragraph (4), of the New Tax Procedure Code, on correcting material errors in the tax return. The procedure allows correcting the following material errors:

• Transcription errors such as taking over the wrong amounts from the logs, reversing the figures of the amounts listed in the return, taking over the wrong data from the return of the previous tax period;
• Recording the differences of payable VAT, in the return, as detected by the inspection authorities on other lines than those established by the relevant legal regulations.
• Errors in entering, in the VAT return, the amounts requested for reimbursement in the previous period.

This legal act requires that material errors be corrected within the period of limitation of the right to determine tax claims and only for the periods not subject to the tax inspection.

The Amendment of Declarations 200, 201,205, 250 and 251

The Order of the President of N.A.F.A. no. 3605/2015 amends forms 200, 201, 205, 250 and 251, as well as the instructions for filling them out as a result of the coming into force of the new Tax Code.

Please note that the forms have the following names and shall be used to declare the income earned in 2015 and to establish the annual tax:

• 200 – „Declaration on the income earned in Romania”;
• 201 – „Declaration on the income earned abroad”;
• 205 – „Informative declaration on the withholding tax and earnings/losses, by income beneficiaries”;
• 250 – „Annual tax declaration for the income earned in Romania by individuals”;
• 251 – „Annual tax declaration for the income earned abroad by individuals”

This Order came into force on 15.12.2015.

The Approval of Two New Informative Declarations

The Order of the President of N.A.F.A. no. 2727/2015 has been issued for the enforcement of Article 291, paragraph (1), letters (a), (b) and (c), of the New Tax Procedure Code (Law no. 207/2015), requiring NAFA to submit to the equivalent authority of a Member State, by automatic exchange, any information regarding the taxation periods beginning after 1 January 2014, available on the residents of that Member State and on the following specific categories of income and capital, under the Romanian law:

• Income from work;
• Remuneration and other benefits paid to directors and other persons treated as such;
• Life insurance products not covered by other legal EU instruments, for exchanges of information or other similar measures.
• Pensions;
• The ownership of immovable property and income from real estate.

This Order has approved two new informative declarations, which shall be submitted annually, by the last day of February of the current year, for the previous year, in electronic form, by income payers or insurers making payments or concluding life insurance to/with the residents of other Member States:

• Declaratia 402 – „Informative declaration on the salary or similar income, including the remunerations of directors and other persons treated as such, residents of other EU Member States, earned in Romania;
• Declaratia 403 – „Informative declaration on life insurance products contracted by the residents of other EU member states in Romania;

The declarations shall be submitted electronically as PDF files, with XML files attached.

Under the same article, the Order of the Minister of Public Finance no. 4031/2015 is also issued, approving the template of form 401 – “Informative declaration on the immovable property held by the residents of other EU Member States in Romania”. The form shall be filed annually by the 10th of April, by each mayoralty, if they have citizens from other Member States who own property within the scope of their jurisdiction.

Both orders come into force on 01 January 2016.

The Approval of Form 014 - „Notice on Tax Year Changes”

Order no. 3495 of 2 December 2015 approves the template and content of Form 014 – „Notice on tax year changes”

The form is used for communicating the option on changing the tax year and shall be filled out in two copies by the taxpayer/proxy/tax representative and a copy shall be archived in the taxpayer’s tax file. For editing purposes, computer equipment may be used.

The form shall be submitted within 15 days of the start of the amended tax year or of the registration of the taxpayer, as appropriate.

The provisions of this Order are effective as of 1 January 2016.

The Approval of the Procedure on the Issuance and Communication of Acts on Outstanding Tax Obligations below a Certain Limit

Order no. 3497/2015 approves the procedure on the issuance and communication of administrative acts for debtors recording outstanding tax obligations below a certain limit.

Under this Order, the outstanding tax claims administered by the central tax authority, outstanding as at 31 December of the year, shall be deducted from the tax records during the first 7 days of the following year.

The central tax authority shall assess the total amount of the ancillary tax obligations of a debtor on a quarterly basis, and, if a certain limit is not exceeded, the decisions shall be issued after 180 days of the last issuance or the registration of the main outstanding tax obligations, as follows:

• If the tax obligations do not exceed RON 1,500 for the debtor who is a large taxpayer;
• If the tax obligations not exceed RON 1,000 for the debtor who is a medium taxpayer;
• If the tax obligations do not exceed RON 500 for the other categories of taxpayers;
• If the tax obligations do not exceed RON 100 for taxpayers who are individuals.

When issuing summons and enforcement orders, one shall comply with the same ceilings as those referred to above.

The decisions shall be issued and communicated to the debtor when one notices the danger of expiry of the right to determine the tax obligations.

This Order comes into force on 01 January 2016.

Forms for reporting Self-taxation or Withholding Taxes

Order no. 3250/2015 amends and supplements the Order of the President of N.A.F.A. no. 1950/2012 approving the template and content of the forms used for reporting self-taxation or withholding taxes.

This legal act amends both Form 101–„Profit tax declaration”and the instructions for filling out said form.

The provisions on the instructions for filling out the form apply to the income earned starting on 1 June 2015.

The Order on the Financial and Accounting Documents

Order no. 2634/2015 presents both the general issues of the supporting documents, and the reconstruction of lost, stolen or destroyed financial and accounting documents, and their storage and archiving.

The Order comes into force on 01 January 2016.

The Addition of a New Form for Taxable Persons registered for VAT Purposes holding an Electricity Supply Licence or Electricity Trader Business Licence

Order no. 3628/2015 approves the template and content of Form „089 – Affidavit on fulfilling the requirement of Article 331, paragraph (2), letter (e), section 2, of the Tax Code”.

The form shall be filled out by taxable persons registered for VAT purposes, who hold a valid electricity supply licence or an electricity trader business licence, issued by the National Energy Regulatory Authority and the main business of whom, in terms of purchasing electricity, is reselling it, their own consumption from the electricity purchased being negligible, i.e. no more than 1% in January – November of the calendar year or the period in December in which they held the licence, in the case of those obtaining the electricity supply licence in 1 – 31 December.

The form shall be submitted to the competent tax authority annually, by the 10th of December of each year or in 1 – 20 January, if the licence was obtained in 1 – 31 December.

This Order comes into force on 1 January 2016.

The Order on the Submission of the Certification prepared by a Tax Consultant

Order no. 3635/2015 approves the procedure for filing, with the tax authority, the certification prepared by a tax consultant, as well as the procedure on the exchange of information between the National Agency for Fiscal Administration and the Chamber of Tax Consultants.

Taxpayers may opt for a certification by a tax consultant of their tax declarations, including amending declarations, prior to their submission to the tax authority. The certification note shall be prepared by tax consultants according to the Government Ordinance no. 71/2001, who are registered as active members in the Register of Tax Consultants and Tax Consultancy Companies.

This legal act contains provisions on the content of the certification note and a certification note template, as well as the Procedure on the exchange of information between the National Agency for Fiscal Administration and the Chamber of Tax Consultants.

The provisions of this Order become effective on 01 January 2016.

The Approval of Form 600 – Declaration on fulfilling the Eligibility Conditions for Persons with Mandatory Insurance in the Public Pension System

Order no. 3655/2015 approves the template, content, methods of filing and managing Form „600 – Declaration on fulfilling the eligibility conditions for persons with mandatory insurance in the public pension system”.

The form shall be submitted by individuals who earn income from independent activities, under Article 148, paragraphs (1) and (2), of the Tax Code, who meet the following conditions, as appropriate:

• The income earned in the previous year, left after deducting from the gross income all the expenses incurred for the pursuit of independent activities, excluding the expenses representing the social security contribution, in relation to the number of months of activity during the year, exceeds 35% of the gross average salary earnings, for taxpayers carrying out activities taxed based on an actual income system;
• The estimated monthly income, under Article 120, paragraph (1), exceeds 35% of the gross average salary earnings, for taxpayers performing activities taxed based on an actual income system and beginning their activity during the tax year or for those switching from determining their annual net income based on annual tax brackets to the actual income system taxation
• The amount of the monthly tax brackets obtained by relating the annual income tax brackets to the number of months of activity of the year after the corrections referred to in Article 69 exceeds 35% of the gross average salary earnings for taxpayers who, during the current tax year, carry out activities taxed based on tax brackets.

The provisions of this Order shall apply as of 01 January 2016.

The Order on the Forms used for managing the Income Tax and Social Contributions owed by Individuals

Order no. 3622/2015 approves the template and content of the following forms:

• 220 „Declaration on the estimated income/income tax bracket” and the „Accommodation capacity form”;
• 221 „Declaration on the income from agricultural activities taxed based on income tax brackets” and „Annex no. ..... to the Declaration on income from agricultural activities taxed based on income tax brackets”;
• 222 „Informative declaration on the start/end of the activity of individuals carrying out activities in Romania and earning income in the form of salaries and similar income abroad”;
• 223 „Declaration on the estimated income for associations without legal personality and entities subject to tax transparency”
• 224 „Declaration on the income in the form of salaries and similar income from abroad earned by individuals carrying out activities in Romania and by Romanian individuals employed by diplomatic missions and accredited consular offices in Romania”;
• 260 „Taxation decision for advance payments by way of income tax/health social insurance contributions/social security contributions” and Annex no. 1 „Statement on the determination of the net income based on income tax brackets” and Annex no. 2 „Statement on the determination of the monthly social health insurance contribution/monthly social security contribution”
• 650 „Taxation decision for advance payments by way of social health insurance contributions on rental income” and the Annex „Statement on the determination of the monthly social health insurance contribution”.

The forms shall be used to declare the income earned as of 1 January 2016 and to determine the advance payments by way of income tax and social contributions.

The Order on the Organisation of the Large and Medium-sized Taxpayer Administration

Order no. 3647/2015 amends some of the orders of the National Agency for Fiscal Administration in terms of organising the large and medium-sized taxpayer administration activity.

This legal act makes a series of clarifications on the administration of the taxpayers undergoing insolvency proceedings.

The Organisation of Large Taxpayer Administration.

The Order of the President of N.A.F.A. no. 3648/2015 specifies that, as of 01 February 2016, the Directorate-General for Large Taxpayer Administration shall manage a maximum number of 1,500 taxpayers. They shall be selected according to the following criteria:

• The turnover;
• The specific business field (the NBR, banks, insurance companies etc.);
• The investment criterion (newly established taxpayers estimating investment of at least EUR 10M over the next three years).

The list of large taxpayers shall be approved by the Order of the President of NAFA and shall be published on the website of www.anaf.ro.

The Organisation of the Medium Taxpayer Administration

The Order of the President of N.A.F.A. no. 3649/2015 specifies that, as of 01 February 2016, the Regional Directorates-General shall manage a maximum number of 22,000 medium-sized taxpayers. The criterion according to which they will be selected is the turnover.

The list of Medium taxpayers shall be approved by the Order of the President of NAFA and shall be published on the website of www.anaf.ro.

The Verification of the Personal Tax Situation

The Order of the President of N.A.F.A. no. 3704/2015 has been issued for the application of Article 138 of Law no. 207/2015 on the Tax Procedure Code, which stipulates that the central tax authority has the right to conduct a tax inspection of the whole tax situation of an individual in terms of the income tax.

In view of this inspection, the central tax authority conducts a series of preliminary activities and establishes the income earned by that individual during the checked period by using indirect income determining methods, as approved by the Order of the President of N.A.F.A. no. 3733/2015 . The person subject to the inspection is required to submit a declaration of assets and income following a request to that effect from the central tax authority. The Order no. 3704/2015 establishes both the template of the declaration, and the asset and income items.

The Order on the Advance Pricing Agreement

For the application of Article 52 of Law no. 207/2015 on the Tax Procedure Code, the Order of the President of N.A.F.A. no. 3735/2015 is issued.

According to the Tax Procedure Code, the advance pricing agreement is the administrative document issued by the central tax authority in order to settle an application from the taxpayer/payer on establishing the conditions and methods for determining, over a fixed period, the transfer prices for related party transactions as defined by the Tax Code.

In order to issue the advance pricing agreement, an application shall be submitted and accompanied by relevant documentation for the issuance, as well as the proof of payment of the issuance tax worth EUR 20,000 for large taxpayers and EUR 10,000 for the other taxpayers.

The advance pricing agreement is enforceable against and binding on the tax authority only if its terms and conditions have been observed by the taxpayer/payer.

This legal act establishes the procedure for issuing the advance pricing agreement, as well as the content of the application for its issuance and the application for the amendment, extension or revision of the advance pricing agreement.

The Tax Act Challenging Procedure

The Order of the President of N.A.F.A. no. 3741/2015 has been issued for the application of Articles 268 – 281 of Law no. 207/2015 on the Tax Procedure Code, which regulates taxpayers’ right to challenge tax & administrative acts.

The appeal is an administrative remedy at law and shall not remove the right to sue for the person who deems that its rights have been affected by a tax & administrative act.

This Order regulates extensively the procedure for challenging tax & administrative acts.

The Requirement of Payment of Health Insurance Contributions by Persons with No Income

The Order of the President of N.A.F.A. no. 3743/2015 establishes the procedure of registration of persons without income such as the one stipulated by Article 155 with the competent tax authority, without falling within the categories of persons exempted from the payment of the contribution or for whom the payment of the contribution is borne from other sources. These persons owe a monthly health insurance contribution and shall request registration within 15 days of the date when they fall within this category.

This Order also approves the template and content of the following forms:

• The declaration of registration of individuals not earning income, and of establishment of the health insurance contribution payment obligations - Form 604;
• The taxation decision regarding the health insurance contributions owed by individuals earning no income;
• The taxation decision regarding the health insurance contributions for the month of registration owed by individuals earning no income;
• The application for termination of the status of individual without income - Form 605.

The Procedure of Collection of the Tax on Agricultural Income

The Order of the Minister of Public Finance no. 4032/2015 has been issued for the application of Article 34, paragraph (4), of Law no. 207/2015 on the Tax Procedure Code, according to which, by way of exception to the provisions of Articles 34 and 38, the tax and social contributions related to the income from agricultural activities, owed by individuals, under the law, may be paid in cash and at the local tax authority in the place where the taxpayer has the tax domicile, where there is no territorial unit of N.A.F.A., if the local public administration authority and N.A.F.A have signed a protocol to that effect.

The local tax authority shall deposit the amounts collected according to paragraph (1), in a separate cash account, not later than five business days after the collection, along with the statement of the amounts collected, which shall contain at least the following information: the number and date of the document whereby the cash collection has been made, the taxpayer’s Tax Identification Number/Personal Identification Number, the taxpayer's name, the type of obligation paid, the amount of the obligation.

This legal act approves the procedure for the collection and payment to the State budget and the budget of the National Unique Health Insurance Fund of the amounts collected under paragraph (1), and the method of collaboration and exchange of information between the central tax authorities and the local tax authorities.

VAT Deferral at the Customs

For the application of Article 326, paragraphs (4) and (7), of Law no. 227/2015 on the Tax Code, the Order of the Minister of Public Finance no. 4121/2015 has been issued, regulating in detail the procedure for granting the certificate of Value Added Tax deferral at the customs and for issuing the guarantee for the imports of goods.

Under Article 326 of Law no. 227/2015 on the Tax Code, by way of exception to the provisions of paragraph (3), taxable persons registered for VAT purposes who have obtained a deferred payment certificate shall not make the actual payment to the customs authorities subject to the conditions established by the Order of the Minister of Public Finance.

The taxable persons referred to in paragraph (4) shall record the tax on the imported goods in the return referred to in Article 323, both as collected tax and as deductible tax, subject to the limits and conditions set forth in Articles 297 – 301.

For imports of goods exempted from tax, according to Article 293, paragraph (1) (m), the customs authorities may require guarantees for the VAT. The VAT-related guarantee for these imports shall be established and issued in accordance with the conditions established by the Order of the Minister of Public Finance.

The Template Form for Local Taxes

Under Article 495(a) of Law no. 227/2015 on the Tax Code, individuals who, as at 31 December 2015, own non-residential buildings or mixed use buildings shall submit declarations by 31 March 2016, inclusive, according to the template approved by the Joint Order of the Minister of Public Finance and the Minister of Regional Development and Public Administration, within 60 days of the publication of this Code in the Official Journal of Romania, Part I.

The Order of the Minister of Public Finance no. 4067/2015 approves the form for the tax declaration for establishing the tax on residential and non-residential buildings and mixed use buildings, owned by individuals.:

Template Forms for Local Taxes

The Order of the Minister of Regional Development and Public Administration no. 2068/2015 approves a series of forms used for the administration of local taxes: the receipt, the tax declaration for establishing the tax, the taxation decision, the tax certificate or the tax certificate application.

Establishing Non-reporting Penalties

Under Article 181 of the New Tax Procedure Code, for the main tax obligations either non-declared or declared incorrectly by the taxpayer/payer and determined by the tax inspection authority by taxation decisions, the taxpayer/payer owes a non-reporting penalty of 0.08% per day, starting with the day following the due date, up to the date of settlement of the amount due, inclusive, of the main tax obligations either non-declared or declared incorrectly and determined by the tax inspection authority by taxation decisions.

Order no. 3834/2015 details the procedure for determining non-reporting penalties.

Tax Registration Forms

The Order of the President of N.A.F.A. no. 3698/2015 approves the template, content and instructions for filling out these forms:

• 010 – „Tax Registration Declaration/Amended Declaration/Declaration of deregistration for legal entities, associations and other entities without legal personality”;
• 015 –„Tax Registration Declaration/Amended Declaration/Declaration of deregistration for non-resident taxpayers who do not have permanent establishments in Romania”;
• 020 –„Tax Registration Declaration/Amended Declaration/Declaration of deregistration for Romanian and foreign individuals holding a personal identification number”;
• 030 –„Tax Registration Declaration/Amended Declaration/Declaration of deregistration for individuals who do not have a personal identification number”;
• 040 – „Tax Registration Declaration/Amended Declaration/Declaration of deregistration for public institutions”;
• 050 – „Application for registration of the taxpayer’s tax domicile”;
• 060 – „Tax Registration Declaration/Amended Declaration/Declaration of deregistration for secondary offices”;
• 061 – „Declaration on secondary offices”;
• 070 – „Tax Registration Declaration/Amended Declaration/Declaration of deregistration for individuals carrying out economic activities independently or exercising liberal professions”;
• Certificate of registration for VAT purposes;
• Tax registration certificate.

This legal act also establishes the categories of permanent reporting tax obligations, under the total tax owed.

The Procedure of Provision of Bank Information

The Order of the President of N.A.F.A. no. 3770/2015 has been issued for the application of Article 61 of the Tax Procedure Code. According to this article, credit institutions have the obligation to send electronically, on a request from the central tax body, all the turnovers and/or balances of the accounts opened with them, as well as all the information and documents on the operations performed via those accounts, for each holder subject to the request.

Credit institutions are required to report the following information to the central tax authority on a daily basis:

• The list of holders who are individuals, legal entities or other entities without legal personality and who open or close accounts, as well as the identification details of the persons holding the right of signature for the accounts opened with them;
• The list of persons renting safe deposit boxes, as well as the termination of the lease.

This legal act details the procedure for submitting the information.

Special Cases of Enforcement

The Order of the President of N.A.F.A. no. 3744/2015 has been issued in application of Article 220, paragraph (2^1), of the New Tax Procedure Code, according to which the special enforcement cases and the structure empowered to carry out the precautionary measures and the enforcement proceedings shall be determined by an Order of the President of N.A.F.A.

The special cases of enforcement are as follows:

• Final judgments in criminal matters, ordering the recovery of budget debts from various debtors;
• Documents issued in criminal matters by the courts on the performance by N.A.F.A. of the precautionary or lifting measures;
• Final judgments issued following complaints filed by the wealth investigation committees attached to the courts of appeal;
• The Orders of the Minister of Public Finance ordering the freezing of the funds or economic resources held by persons subject to international sanctions;
• Other enforcement orders establishing ancillary liabilities or other sums, ordered, but not individualised by final judgments.

VAT Simplification Measures

The Order of the Minister of Public Finance no. 4120/2015 approves the instructions for the simplification measures in relation to intra-Community transfers and similar acquisitions, as referred to in Article 270, paragraph (10), and Article 273, paragraph (2) (a), of Law no. 227/2015 on the Tax Code.

The application of the simplification measures is optional for economic operators performing operations involving goods:

• Sold on consignment;
• Inventories available to the customer;
• Goods sent for testing or checking of compliance.

New VAT Refunding Rules in 2016

The N.A.F.A. Order no. 3699/2015 approves the procedure for settling the receivable VAT with a refund option, as well as the template and content of the following forms:

• Notice of extension of the term for settling the receivable VAT with a refund option;
• Notice – under this document, the taxable person is informed that the IRS does not have all the data necessary for settling the application for the refund of the VAT; the person is given a deadline by which to submit a number of documents (also mentioned in the notice), both originals and copies, to the headquarters of the tax authority;
• Decision of refund of the VAT – in this decision, the tax authority specifies the value of the VAT approved for the refund;
• Notice – this document requires the taxpayer to submit, within a fixed term, a number of documents for settling the application for the refund of the VAT;
• Application for implementing the special arrangements for the refund of the VAT for exporters – using this application, the taxpayer may request an approval of the special arrangements for the refund of the VAT;
• Decision on the special arrangements for the refund of the VAT for exporters – this decision informs the taxable person if the special arrangements have been approved or not or if the special arrangements have been terminated;
• Decision on the conclusion of the settlement of receivable VAT with a refund option for taxpayers declared inactive for tax purposes – this document informs taxpayers declared inactive for tax purposes of the conclusion of the procedure for settling the receivable VAT with a refund option.

This Order shall apply starting with the returns filed after 01 January 2016; and the returns for the receivable VAT pending settlement by the date of application of this Order shall be settled according to the procedure in force at the time of their submission.

The 2016 Social Security Budget Law

On 19 December 2015, Law no. 340/2015 – the 2016 State social security budget law was published; it also set the gross average salary, in the amount of RON 2,681. Please note that, in 2015, it amounted to RON 2,415.

Based on this ceiling, sick leave benefits, the social security contribution limit and the death grant shall also be calculated; thus, this Law establishes the death grant for:

• The insured or pensioner, in the amount of RON 2,681;
• A family member of the insured or pensioner, in the amount of RON 1,341.

In 2016, the value of a pension credit is RON 871.7, while the correction index for the unitary system of public pensions is 1.09.

The Establishment of the Gross Minimum Salary

As of 01 May 2016, the gross minimum basic salary per country shall be RON 1,250/month, for a working schedule of 169.333 hours on average per month in 2016, according to the Government Decision no. 1017/2015 .

Each individual employment agreement in which the minimum salary is set below the one indicated shall constitute a misdemeanour, punishable by a fine ranging between RON 1,000 and RON 2,000 to the extent that, by law, the act is not an offence.

Changes in terms of the Tax Code

Law no. 358/2015 approving the Government Emergency Ordinance no. 50/2015 for amending and supplementing Law no. 227/2015 on the Tax Code and Law no. 207/2015 on the Tax Procedure Code has made a series of specific changes to the new Tax Code:

• For determining the tax on buildings held, when they are used for non-residential purposes, a valuation report prepared by an authorised valuator shall be attached to the tax declaration, and shall be submitted by the 31st of March;
• If changes are made which increase or decrease the taxable value by more than 25%, the owner is required to submit a new tax declaration within 30 days of the change;
• The reverse charge measures for the supplies of game consoles, PC tablets, laptops, integrated circuit devices or mobile phones may be applied only if the value of the invoice excluding VAT exceeds RON 22,500;
• The movement of goods subject to harmonised excise duties shall suffer changes, in special cases, such as changing the unloading site or the shipment to a particular country without knowing the recipient;
• The Order of the President of N.A.F.A. shall establish the procedure regulating the movement of excisable goods, as well as the registration procedures for economic operators trading tobacco, alcoholic drinks and energy products.

This Law came into force on 03 January 2016.