In the Official Gazette no. 36 from January 12, 2023, Law 34/2023 was published, according to which new fiscal facilities were introduced regarding the subscription amount for using sports facilities in order to practice sports and physical education for prophylactic or therapeutic purposes, under certain conditions mentioned by law, as follows:

• When determining the annual net income from independent activities, expenses are deductible up to 400 EUR yearly per person, for paid amounts starting from January 15, 2023;

• If the expenses are incurred by the employee, they are deductible up to 400 EUR yearly per person, for paid amounts starting from February 2023;

• In terms of income tax, revenues that are incurred by employer are considered non-taxable and are not included in the social security contributions’ computation base up to 400 EUR yearly and up to monthly limit of 33% of the base salary, for income obtained starting from February 2023.

In the Official Gazette no. 40 from January 13, 2023, Law 39/2023 was published in order to complete Fiscal Code regarding the reduced 5% VAT rate. The Law comes into force starting January 16, 2023.  

By this law, the VAT rate is reducing from 19% to 5% for delivery and installation of photovoltaic panels, solar thermal panels, high-efficiency low-emission heating systems, including installation kits, components and complete solutions, intended for dwellings and central or local government buildings and also buildings of entities under the government coordination/subordination, excepting companies.

In the Official Gazette no. 62 from January 25, 2023, Order no. 626/2023 was published regarding the consumer price index used for updating advance payments in annual corporate tax account.

According to the Order, for 2023, consumer price index used for updating advance payments in annual corporate tax account is 109,6%.

In the Official Gazette no. 86 from January 31, 2023, Order no. 16/2023 was published regarding changes and completion of Fiscal Procedure Code, transposing the European Directive 514/2021 from March 22, 2021.

Among the amendments made by this ordinance it is important to mention the following:

• the alignment of mutual agreement procedure and multilateral convention procedure;

• introduction of clarifications regarding possible inspections related to the obligation of reporting financial institutions to provide information regarding the financial accounts of non-resident taxpayers;

• introduction of the concept of joint controls with the authorities of the other member states;

• changes regarding the exchange of information between states (required information, deadlines, introduction of royalties in categories of income declared);

• the introduction of provisions regarding the mandatory automatic information exchange reported by Platform Operators.

In the Official Gazette from January 17, 2023, Order no. 18/2023 was published regarding the following changes of the form 205 “Informative statement of taxes withheld at source and investment gains/losses on income beneficiaries” with the following changes:

• the form is no longer used for declaring pension income;

• the form D205 must be filled by intermediates, investment management companies or self-managed investment companies, managers of alternative investment funds, Romanian fiscal residents, for gains/losses made in Romania and/or abroad from the transfer of securities and any other transactions with financial instruments, including derivatives, as well as the transfer of investment gold, defined according to the law, excepting non-taxable income, according to the Fiscal Code.

In the Official Gazette no. 41 Part I from January 13, 2023, Law 41/2023 was published in order to ratify the social security agreement between Romania and the Republic of Chile, signed in Santiago, Chile, on February 26, 2021.

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