Emergency Ordinance no. 156/2024 on some fiscal-budgetary measures in the field of public expenditure to substantiate the consolidated general budget for 2025, for amending and supplementing certain normative acts, as well as for extending certain deadlines, was published in the Official Gazette no. 1334 of December 31, 2024, and the provisions presented below entered into force as of January 1, 2025.
The areas covered by the tax measures refer to the following:
- Dividend tax
- Microenterprise income tax
- Income tax and mandatory social contributions
- Tax on income obtained by non-residents
- Construction tax
1. Dividend tax
Starting with January 1, 2025, the dividend tax rate is changed from 8% to 10%.
The new rate applies to both resident and non-resident individuals and legal entities, for dividends distributed starting January 2025.
For dividends already distributed based on the interim financial statements of 2024 or the amended fiscal year starting in 2024, the tax rate applied will be 8%. It will not be necessary to recalculate the tax after the dividends have been adjusted based on the annual financial statements for 2024.
2. Microenterprise income tax
• The conditions for which a company can opt for the application of the micro-enterprise income tax system are amended as follows:
o The threshold for the application of the taxation system is reduced:
• Starting with 2025, the company that achieved an income of maximum 250,000 EUR in the previous year, namely 2024, qualifies as a micro-enterprise.
• Starting with January 1, 2026, the threshold is reduced to 100,000 EUR achieved in the previous year, namely 2025.
The condition is verified, as the case may be, based on the income earned by the Romanian legal entity on December 31, 2024, respectively on December 31, 2025.
o The condition that limits the share of income from consulting and/or management activities to 20% of total income has been eliminated.
The condition does not apply to the calculation of the limit of 250,000 euros, applicable for 2025.
• For the application of the 3% tax rate, the main or secondary activities corresponding to the following NACE codes will also be considered: 6210 - Custom software development activities (customer-oriented software), 6290 - Other information technology service activities, 5611 - Restaurants, 5612 - Mobile food service activities, 5622 - Other food services.
• If the threshold (250,000 EUR in 2025, respectively 100,000 EUR starting with 2026), is reached during the year, the taxpayer will apply for corporate income tax system starting with the quarter in which the threshold was exceeded, without the possibility of opting for the application of the micro-enterprise income tax system for the next period.
• The need to calculate the income in order to fall within the limit of the threshold for the application of the micro-enterprise income tax system by cumulating it with the income of related enterprises, where applicable, is reiterated.
3. Income tax and mandatory social contributions
• Starting with January 2025 revenues, fiscal facilities regarding the exemption from income tax and social contributions for salary income obtained by employees in the IT industry (creation of computer programs), the construction sector, the agricultural sector and the food industry will be eliminated.
• The national minimum gross wage guaranteed in the construction sector will be 4,582 lei per month, and in the agricultural sector and in the food industry, it will be 4,050 lei per month. Failure to comply with these levels by employers constitutes a contravention and entails sanctions.
• This ordinance provides for changes regarding income tax and social contributions for full-time employees, for whom the level of the gross monthly basic salary established according to the individual employment contract, without including bonuses and other additions, is equal to the level of the national minimum gross salary, and the gross income earned from salaries and assimilated to salaries, without including the value of meal vouchers, respectively the food allowance, does not exceed the level of 4,300 lei inclusive.
In these situations, no income tax and social contributions will be due for the threshold of 300 RON established by law.
These changes apply to income for the months of January - December 2025 inclusive.
4. Construction tax
• The construction tax has been reintroduced, at the rate of 1%, which is applied to the value of the constructions existing in the taxpayers' patrimony on December 31 of the previous year, except for buildings for which building tax is due.
• The tax payment term is modified. It will be paid in two equal installments, until June 30 and October 31, respectively.
• Implementing norms for establishing the tax on constructions are expected within 90 days from the date of entry into force of these provisions.
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