The document provides an overview of taxation and business laws in Romania. It discusses the various legal forms of business in Romania including limited liability companies and joint stock companies. It also summarizes social security contributions and labor laws regarding employees. Additionally, it outlines the corporate income tax system including the standard 16% rate and deductions for research and development expenses or reinvested profits. The document also discusses withholding taxes on dividends, interest, and royalties paid to non-resident companies.
If you are considering to expand your business activities in Central and Eastern Europe, Slovakia should be on the top of your destinations list. Thank to its political stability, strategic location, common European currency, competitive taxation system and well-educated and highly skilled workforce Slovakia counts as one of the most attractive country in the region of CEE.
As with previous years, our tax experts have prepared a comprehensive yet brief overview of taxation in Hungary.
Our material shall provide you with the necessary information about Hungarian business environment and its statutory framework, therefore we encourage you to pay close attention.
Sherman Nigretti - Finland - corporate and tax highlights 2016Gianmauro Nigretti
The forms of Finnish companies are a general partnership, limited partnership, limited company and
co-operative. A foreign company may also run a business in Finland through a branch.
If you are considering to expand your business activities in Central and Eastern Europe, Slovakia should be on the top of your destinations list. Thank to its political stability, strategic location, common European currency, competitive taxation system and well-educated and highly skilled workforce Slovakia counts as one of the most attractive country in the region of CEE.
As with previous years, our tax experts have prepared a comprehensive yet brief overview of taxation in Hungary.
Our material shall provide you with the necessary information about Hungarian business environment and its statutory framework, therefore we encourage you to pay close attention.
Sherman Nigretti - Finland - corporate and tax highlights 2016Gianmauro Nigretti
The forms of Finnish companies are a general partnership, limited partnership, limited company and
co-operative. A foreign company may also run a business in Finland through a branch.
Global attempt to deal with Base Erotion and Profit Shifting (BEPS) matter also becomes an important issue to be discussed–particularly, related to OECD recommendation on BEPS Action 12 on Mandatory Disclosure Rule (MDR), that Indonesia will opt in it soon.
This expatriate tax guide has been designed to provide an overview of the different tax systems around the globe and gives further information about tax systems and regulations in specific countries
Global attempt to deal with Base Erotion and Profit Shifting (BEPS) matter also becomes an important issue to be discussed–particularly, related to OECD recommendation on BEPS Action 12 on Mandatory Disclosure Rule (MDR), that Indonesia will opt in it soon.
This expatriate tax guide has been designed to provide an overview of the different tax systems around the globe and gives further information about tax systems and regulations in specific countries
In order to set up a company in Romania, you first need to choose the type of business form, to prepare the file and to submit the application at the Trade Register. Note that the most common forms of business used in Romania are the Limited Liability Company along with the Joint Stock Company and Branches.
On 2 December 2016 the Law Decree 22 October 2016 n. 193 (“Tax decree”) completed its legislative process with the publication in the Official Gazette of the consolidated text, post amendments, occurred at the time of the conversion into Law. Some of the adopted measures are a way to implement the new strategy of the Tax Administration to prevent tax evasion and to reduce the VAT gap. Most of the measures have the aim to modernize the way in which taxable persons accomplish VAT fulfillments, so that these latter can be more effective, leveraging on an intense use of electronic means. Grant Thornton Italy summarize in this VAT Alert, the main changes on VAT rules deriving from the final text of the new provisions.
“Better Business in Romania” compiles important pieces of information regarding the legislative climate applicable to investments in various areas of interest, starting from Corporate Law (aspects concerning the setting-up, management, acquisition, merger, and dissolution of a company), Real Estate, Creditor and Debtor Disputes, Employment, Public Contracts, Competition, Energy, Capital Market, Financial Institutions, Intellectual Property, Pharmaceuticals, Environmental law, Product Liability and Consumer Contracts, Insolvency, as well as Criminal Law and Taxation.
For the first time, a dedicated chapter on Personal Data Protection was added to the table of contents.
“Better Business in Romania” is made to offer foreign investors looking for investment opportunities in Romania a preliminary account of the legal framework in Romania. The information and opinions herein should not be treated as a comprehensive study and should not be construed or used as substitute for specific legal advice.
The Spanish Tax Authorities have announced that they start to impose penalties for the non-compliance with the Immediate Supply of Information on VAT (ISI). The ISI entered into force last 1 July 2017, but the appropriate regulation of certain specific penalties did not come into effect until 1 January 2018.
Legislative measures with significant impact in certain industry sectors introduced by the Government Emergency Ordinance No. 114/ 2018 implementing measures in the field of public investments and fiscal-budgetary measures, amending and supplementing normative acts and extending certain deadlines.
Changes in Polish corporate income tax 2020PwC Polska
Changes in Polish corporate income tax 2020. On 23rd of September our experts: Marcin Jaworski and Michał Jagielski summarized biggest corporate income tax challenges and opportunities for 2020.
More info: https://pwc.to/2lkTbOj
Digital Transformation and IT Strategy Toolkit and TemplatesAurelien Domont, MBA
This Digital Transformation and IT Strategy Toolkit was created by ex-McKinsey, Deloitte and BCG Management Consultants, after more than 5,000 hours of work. It is considered the world's best & most comprehensive Digital Transformation and IT Strategy Toolkit. It includes all the Frameworks, Best Practices & Templates required to successfully undertake the Digital Transformation of your organization and define a robust IT Strategy.
Editable Toolkit to help you reuse our content: 700 Powerpoint slides | 35 Excel sheets | 84 minutes of Video training
This PowerPoint presentation is only a small preview of our Toolkits. For more details, visit www.domontconsulting.com
Buy Verified PayPal Account | Buy Google 5 Star Reviewsusawebmarket
Buy Verified PayPal Account
Looking to buy verified PayPal accounts? Discover 7 expert tips for safely purchasing a verified PayPal account in 2024. Ensure security and reliability for your transactions.
PayPal Services Features-
🟢 Email Access
🟢 Bank Added
🟢 Card Verified
🟢 Full SSN Provided
🟢 Phone Number Access
🟢 Driving License Copy
🟢 Fasted Delivery
Client Satisfaction is Our First priority. Our services is very appropriate to buy. We assume that the first-rate way to purchase our offerings is to order on the website. If you have any worry in our cooperation usually You can order us on Skype or Telegram.
24/7 Hours Reply/Please Contact
usawebmarketEmail: support@usawebmarket.com
Skype: usawebmarket
Telegram: @usawebmarket
WhatsApp: +1(218) 203-5951
USA WEB MARKET is the Best Verified PayPal, Payoneer, Cash App, Skrill, Neteller, Stripe Account and SEO, SMM Service provider.100%Satisfection granted.100% replacement Granted.
Personal Brand Statement:
As an Army veteran dedicated to lifelong learning, I bring a disciplined, strategic mindset to my pursuits. I am constantly expanding my knowledge to innovate and lead effectively. My journey is driven by a commitment to excellence, and to make a meaningful impact in the world.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
What are the main advantages of using HR recruiter services.pdfHumanResourceDimensi1
HR recruiter services offer top talents to companies according to their specific needs. They handle all recruitment tasks from job posting to onboarding and help companies concentrate on their business growth. With their expertise and years of experience, they streamline the hiring process and save time and resources for the company.
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Tata Group Dials Taiwan for Its Chipmaking Ambition in Gujarat’s DholeraAvirahi City Dholera
The Tata Group, a titan of Indian industry, is making waves with its advanced talks with Taiwanese chipmakers Powerchip Semiconductor Manufacturing Corporation (PSMC) and UMC Group. The goal? Establishing a cutting-edge semiconductor fabrication unit (fab) in Dholera, Gujarat. This isn’t just any project; it’s a potential game changer for India’s chipmaking aspirations and a boon for investors seeking promising residential projects in dholera sir.
Visit : https://www.avirahi.com/blog/tata-group-dials-taiwan-for-its-chipmaking-ambition-in-gujarats-dholera/
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
RMD24 | Retail media: hoe zet je dit in als je geen AH of Unilever bent? Heid...BBPMedia1
Grote partijen zijn al een tijdje onderweg met retail media. Ondertussen worden in dit domein ook de kansen zichtbaar voor andere spelers in de markt. Maar met die kansen ontstaan ook vragen: Zelf retail media worden of erop adverteren? In welke fase van de funnel past het en hoe integreer je het in een mediaplan? Wat is nu precies het verschil met marketplaces en Programmatic ads? In dit half uur beslechten we de dilemma's en krijg je antwoorden op wanneer het voor jou tijd is om de volgende stap te zetten.
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
5 Things You Need To Know Before Hiring a Videographer
2016 Tax Guideline for Romania
1. 2016 Tax Guideline
for Romania
Legal forms of business
Social security & Labour law aspects
Overview of taxation system
2. General information about Romania
Location: Romania is located in Central Europe, bordered
by Hungary, Serbia, Bulgaria, Black Sea, Ukraine, and Moldova.
Capital: Bucharest
Area: 92,043 sq. miles (238,391 sq. km)
Population: 19,942,000 (March 2014)
Official language: Romanian
Official currency: Leu (RON)
The head of state: President
Membership:
European Union (2007)
UN (1955)
GATT/WTO (1971)
NATO (2004) and some other international organisations.
Doing business in Romania
Contact us and find out how we can help you!
Laura Stefan
Managing Director
Tel.: +40 31 405 0440
Mail: Laura.Stefan@accace.com
3. General information
Before starting the investment in the Romanian market, the investors have to decide
upon the legal form of business which will use.
The type of business forms are stipulated by the Law 31/1990 as republished and
subsequently modified and completed, and there are compiled in the below table
with specific information: the minimum share capital, the liability of the
shareholders/stockholders, the minimum number of shareholders/stockholders.
The most common forms of business used in Romania are: the Limited Liability
Company along with the Joint Stock Company and the Branches.
Legal forms of business
The form of business The minimum
capital
(approx. in
EUR)
The liability of the shareholders
Number of
shareholders
English Romanian
General
Partnership
Societate in
nume colectiv
(S.N.C.)
N/A
The shareholders have unlimited
and joint liability for social
contributions.
No less than
2
Limited
Partnership
Societate in
comandita
simpla (S.C.S.)
EUR 45
The limited partners have no
management authority and they
are not responsible for the debts
of the partnership. They respond
In the limit of the subscribed
shares.
The general partners have
management control and they
have joint and several liability.
At least one
limited
partner and at
least one
general
partner.
Limited Liability
Company
Societate cu
raspundere
limitata (S.R.L.)
EUR 45
The shareholders respond In the
limit of the contribution to the
share capital.
1-50
Joint Stock
Company
Societate pe
actiuni (S.A.)
No less than
EUR 20.000
The stockholders respond in the
limit of the subscribed shares.
No less than
2
Company
limited by
shares
Societate in
comandita pe
actiuni (S.C.A.)
No less than
EUR 20.000
The limited partners have no
management authority and they
are not responsible for the debts
of the partnership. They respond
In the limit of the subscribed
shares.
The general partners have
management control and they
have joint and several liability.
No less than
2
Branch Sucursala N/A
The Mother Company is liable for
the its branch.
N/A
Sole
entrepreneur
Persoana fizica
autorizata
(P.F.A.)
N/A
The sole antrepreneur is also the
sole responsible.
N/A
Legal forms of business
4. Social security and health insurance assessment base of an
employee is derived from salary income.
Payrolls and
Contribution
Maximum base per
month employee
Employee
Maximum
base per
month
employee
Employer
Health insurance NA 5,5% NA 5,2%
Social (Pension)
contribution 5*average salary 10,5%
number of
employees*5*
average salary 15.8% ,8%
Sickness
contribution NA NA
number of
employees*12*
minimum salary 0,85%
Unemployment fund NA 0,5% NA 0,5%
Accident Fund NA NA NA 0,15% - 0,85%
Fund of Guaranteed
Employment
Benefits NA NA NA 0,25%
TOTAL ----- 16,5% ----- 23.45%
If the assessment base exceeds the maximum limits mentioned above, than the
amounts exceeding the limit will not be subject of social security taxation.
Residents of the EU are covered by the provisions of EC Regulation 883/2004
regulating social security and health insurance rules in case of cross-border
activities.
Salaries estimated as valid in 2016
According to the Social Security Budget Law applicable for Year 2016, minimum
and average gross salary will have the following values:
Type of Salary Amount in EUR*
Monthly minimum gross salary 01.2016 – 04.2016 238
Monthly minimum gross salary 05.2016 – 12.2015 284
Average gross salary 609
*estimation 4.4 Ron/Euro
Personal income tax – general information
Residence - Individuals who have their permanent residence or habitual abode in
Romania, are treated as Romanian tax residents. An individual is considered to be
tax resident in Romania if he/she is present in the Romania for at least 183 days
(in aggregate) in a calendar year. All other individuals are treated as Romanian tax
non-residents.
Personal income tax regarding incomes from salaries is governed by the Fiscal
Code (Law 227/2015). Recently updated the new Fiscal Code keeps the
percentage of salaries income tax unchanged, meaning that for 2016 year the
income tax is maintaining a rate of 16%.
Exemption from the taxation - Romanian State established as income tax free
two categories of employees:
1. IT specialists - the tax exemption is a highly documents process and must
respect a certain strict set of provisions;
2. Employees with disabilities - the tax exemption is granted only under strict
conditions verified by Romanian medical system.
Tax period - Calendar year.
Social security & labor
law aspects
5. Deductions
Personal deduction: The new Fiscal Code valid from 2016 is bringing new rules
for personal deduction calculation methodology. The gross monthly income for
personal deduction has been increased to RON 1,500. The personal deduction
levels have also been increased, being established between RON 300 (for persons
who do not have dependents) and RON 800 (for persons with four or more
dependents).
Other deductible amounts: The voluntary health insurance premiums incurred by
employees will be deductible for salary tax purposes within the limit of EUR 400
annually.
Allowances
Per Diem
Using daily allowance for employees makes reimbursement of personal employee
meal no longer acceptable. Daily allowance is granted when employees are
travelling outside their home town or country, on a distance exceeding 5 KM from
the city where the permanent working place is established. Permanent working
place, should be mentioned in each employee individual labor agreement.
Limits for daily allowance: The maximum deductible limit applicable for daily
allowances granted by the Company, inside Romania or abroad represents 2.5 *
daily allawonce value.
Values that exceed the maximum limit mentioned above are considered to be
benefit in kind and will be included in the payroll income category (liable for income
tax and social contributions, for both Company and employee).
Daily allowance in EU countries (with some exceptions)
Interval Minimum Maximum tax deductible up to
01.12.2012 -present EUR 35.00 EUR 87.50
Daily allowance in Romania
Interval Minimum Maximum tax deductible up to
01.02.2015 -present RON 17.00 RON 42.50
General comments on labor law
Main features of employment relationship
Applicable
law
Contract
type
Individual labor agreement for definite period, indefinite
period, home work, part time work, temporary staffing
Act No.
53/2003
Labor Code
Contract
must
include
Parties, duration of the contract if the contract is a definite
type or if is concluded by means of temporary staffing agent,
date of the contract conclusion, work and remuneration
conditions, the place where the work is performed, evaluation
criteria of the employee, the occupation, the risks of the job,
number of vacation days, number of days applicable for the
notice, number of working hours per day and per week,
probationary period, the date of commencement of work
(The contract must be concluded in writing)
Working
time
Full time employees - 40 hours per week (8 hours/day)
Part time employees - the working time is determined by the
daily norm, thus weekly norm represents daily norm*nr of
working days (5 days)
Holiday
entitlement
per year
Minimum 20 working days per year
Trial
period
For indefinite labor agreements depending on the nature of
the position:
Executions position: maximum trial period is 90
calendar
Management position: maximum trial period is 120
For definite labor agreements :
Depending on the period:
< 3 months: maximum 5 working days
3-6 months: maximum 15 working days
Depending of the nature of position:
Execution position >6 months: maximum 30
working days
Management position >6 months: maximum 45
working days
Notice
Period
Parties agreement: no notice period required
Dismissal: Minimum 20 working days
Resignation, depending on the nature of the position:
Maximum 20 working days for execution position
Maximum 45 working days for management
position
Act No.
53/2003 Labor
Code
6. Corporate income tax (“CIT”) – rates
The standard corporate income tax rate is 16%.
The taxpayers that are carrying on activities such as gambling and nightclubs are
either subject of 5% rate of the revenue obtain from such activities or 16% of the
taxable profit, depending on which is higher.
Corporate income tax – general information
Residence - A company is considered as resident in Romania if it is set-up under
Romanian law, has its legal seat or its place of effective management in Romania.
Taxable income - Resident companies are taxable on their worldwide income,
unless a double tax treaty stipulates otherwise.
The taxable profit of a company is calculated as a difference between the
revenues and expenses registered according to the applicable accounting
regulations, adjusted by deducting non-taxable revenues and tax deductions and
by adding non-deductible expenses. Also, elements similar to revenues and
expenses are taken into account when calculating the taxable profit.
Non-resident companies that are carrying on activities in Romania through a
permanent establishment are required to pay corporate income tax for the taxable
profit attributable to the permanent establishment.
Tax period – The calendar year or the fiscal year for the companies that have
chosen, according to the applicable accounting regulations, to apply a fiscal year
different from the calendar year.
Tax returns and assessment - As a general rule, the corporate income tax is
calculated quarterly. For the first three quarters the filing and the payment of the
corporate income tax is performed quarterly, until 25
th
of the first month following
the end of the quarters. The final computation and payment of the corporate
income tax for the whole calendar year is to be performed until 25
th
March of the
following year.
There are exemptions from the above general rule that apply to companies such
as:
Companies who have chosen the fiscal year different from the calendar
year have to declare and pay the annual corporate income tax until 25
th
of
third month after the ending of the fiscal year changed;
Non-profit organizations, companies that obtain revenues mainly from
agricultural activities, educational units, religious cults and other taxpayers
specifically mentioned by law have to declare and pay the annual
corporate income tax by 25
th
February of the following year;
Credit institutions and branches of foreign credit institutions in Romania
are required to apply the system of quarterly advance payments.
Advance payments – The taxpayers, excepting those that are specifically
mentioned by law, may opt to declare and pay the annual corporate income tax by
making quarterly advance payments. The anticipated quarterly advance payments
are computed as ¼ of the previous annual corporate income tax updated by the
consumer price index and are due by the 25
th
of the month following the end of the
quarter. By exception, the quarterly advance payments related to fourth quarter
are due by 25
th
December, respectively until the 25
th
of the last month of the
changed fiscal year.
Deductions - As a general rule, are considered deductible expenses those
expenses which are incurred for the purpose of carrying on the business activity,
unless they are specifically mentioned by law as limited deductibility expenses or
non-deductible expenses.
Carry forward of fiscal losses – Companies are allowed to carry forward fiscal
loses declared in the annual corporate income tax statement for a period of seven
years. Recovery of the losses shall be performed in the sequence of their
recording.
Taxes on corporate income
7. Research and Development Incentives
Companies can benefit from an additional deduction of 50% of the eligible
expenses for their Research and Development (R&D) activities. Furthermore,
accelerated depreciation for devices and equipment used in the R&D activities
may be applied.
The 50% additional deduction from the R&D expenses will not be recomputed in
case the objectives of the project are not met.
In order to benefit from these incentives, the eligible R&D activities should be from
the applicative research categories and/or technological development relevant to
the company activity and the activities should be performed in Romania, as well as
in the European Union or in other states member states of the European Economic
Area.
The incentives are granted separately for R&D activities of each project.
Tax exemption for reinvested profits
The profit invested in new technological equipment (specifically mentioned by law
in the subgroup 2.1. and 2.2.9 of the Fixed Asset Catalogue) manufactured and/or
purchased released for use is exempt from income tax.
In order to benefit from this incentive, the technological equipment should be used
by the company for the purpose of carrying on the business activity for more than
half of its useful life, but for no longer than five years.
The companies benefiting from this incentive cannot use the accelerated
depreciation method for the respective technological equipment.
Withholding tax
Domestic dividend tax
As a general rule dividends paid by a Romanian company to another Romanian
company are subject to 5%. However, the dividends paid are non-taxable if the
beneficiary of the dividend has held, at the time of the distribution, a minimum of
10% of the Romanian company for an uninterrupted period of at least one year.
WHT for non-resident companies
The applicable WHT rates in relation with non-resident companies are:
1 % for the revenues obtained from gambling activities;
5 % for the revenues obtained from dividends;
50 % for payments made by Romanian companies into non-resident
companies bank accounts that are open in countries that do not have an
information exchange agreement concluded with Romania and only if such
payments result from artificial transactions.
16 % in case of any other revenues obtain from Romania.
1. Dividends paid
As a general rule dividends paid to non-resident companies are subject to 5 %
withholding tax.
However, as Romania is an EU member state can be applied the EU Parent-
Subsidiary directive. Therefore, dividends paid by Romanian companies to
companies resident in one of the EU member states are exempt from taxation if
the beneficiary of the dividend has held, at the time of distribution, a minimum of
10% of the shares of the Romanian company for an uninterrupted period of at least
one year.
2. Interest
As a general rule interest paid to non-resident companies is subject to 16 %
withholding tax.
However, as Romania is an EU member state can be applied the EU Interest and
Royalties Directive. Therefore, interest paid by Romanian companies to companies
resident in one of the EU member states are exempt from taxation if the
beneficiary of the interest has held, prior to the time of payment, at least 25% of
the share capital of the Romanian company for an uninterrupted period of at least
two years.
3. Royalties
As a general rule royalties paid to non-resident companies is subject to 16 %
withholding tax.
8. However, as Romania is an EU member state can be applied the EU Interest and
Royalties Directive. Therefore, royalties paid by Romanian companies to
companies resident in one of the EU member states are exempt from taxation if
the beneficiary of the interest has held, prior to the time of payment, at least 25%
of the share capital of the Romanian company for an uninterrupted period of at
least two years.
Anti-avoidance rules
Thin capitalization
If the company debt-to-equity ratio is higher than 3:1 or the equity is negative, the
expenses with interest and net losses related to foreign exchange differences on
long-term loans (with a maturity period over one year) are non-deductible.
However, these expenses can be carried forward to the following fiscal years and
become deductible expenses in the year when the condition are met (namely the
debt-to-equity ratio is lower or equal to 3:1 and the equity is positive).
Deductibility of interest expenses is also limited to a certain level, depending on
the currency of the loan.
Controlled foreign company
There are no CFC rules under Romanian legislation.
Transfer pricing
In Romania, both transactions performed between related Romanian persons and
non-resident persons as well as between two Romanian related persons are
subject to transfer pricing rules.
A legal entity is related with another legal entity if at least one of the cases below is
applicable:
the first legal entity holds, directly or indirectly, minimum of 25% of the
participation titles or voting rights at the other legal entity or if it effectively
controls the legal entity;
the second legal entity holds, directly or indirectly, minimum of 25% of the
participation titles or voting rights at the first legal entity;
a third party legal entity holds, directly or indirectly, minimum of 25% of the
participation titles or voting rights at both the first and the second legal
entity.
Transactions between related parties should use the arm’s-length principle. In
case the transfer prices are not set at arm’s length, the fiscal authorities have the
right to adjust the amount of revenue and expense in order to reflect the market
value.
International aspects
Double tax treaties
In order to apply the provisions of the relevant Double Taxation Treaty (“DTT”), the
non-resident recipient of the income should provide to the Romanian payer a tax
residence certificate attesting its tax residency for the purpose of the DTT.
In case the tax rates mentioned in the domestic legislation differ from the rates
mentioned in the applicable DTT, then the most favourable rate will apply.
9. Micro-enterprise tax – rates
Micro-enterprise tax – rates
The applicable micro-enterprise tax rates are:
1% for micro-enterprises with two or more employees;
2% for micro-enterprises with one employee;
3% for micro-enterprises with no employees.
A reduced rate of 1% is applicable for the newly set up Romanian companies
having at least one employee and being incorporated for a minimum period of 48
months and whose shareholders/associates did not hold participation titles in other
legal entities. This reduced tax rate is only applied to the first 24 months since the
registration date of the legal entity.
Micro-enterprise tax – general information
Criteria - The micro-enterprise income taxation system is mandatory as long as
the Company cumulatively fulfills the below criteria:
Realizes income from activities other than those related to oil sector, bank
sector, capital markets, insurance and reinsurance, gambling;
Realizes income other than consultancy and management in proportion
above 80% of total income;
Realizes income which does not exceed the threshold of EUR 100,000;
The share capital is held by entities, other than state and local authorities;
The company is not involved in dissolution with liquidation, registered at
Trade Registry or legal court
Newly set up companies are required to follow the micro-enterprise tax regime
starting with the first fiscal year.
Companies that at the moment of incorporation have a share capital of at least
EUR 25,000 can opt to apply the corporate income tax rules during the first fiscal
year.
Tax period – The calendar year
Tax returns and assessment - Payment of the tax and filing of the returns is
made quarterly, by the 25
th
day of the month following the end of the quarter for
which the tax is calculated.
Micro-enterprise tax regime
10. Personal income tax - rates
The general income tax rate applicable for income derived by individuals is 16%.
For income from dividends, a reduced income tax rate of 5% is applicable as of
2016.
Social security contributions are also applicable (e.g. 5,5% health fund
contribution, employee quota for pension fund), depending on the type of income.
Personal income tax – general information
Residence – Individuals who fulfil one of the following conditions are treated as
Romanian residents:
have their permanent domicile in Romania,
have the center of vital interests in Romania,
have their habitual abode in Romania - he/she is present in Romania for at
least 183 days (in aggregate) in a calendar year (except individuals who
stay there for the purposes of studying or receiving medical treatment),
are Romanian citizens working abroad as employees of Romania in
another state.
Taxable income – Individuals who are residents for tax purposes in Romania are
taxed on their worldwide income. Romanian tax non-residents are taxed only on
Romanian source income. Taxable income of an individual, other than salary, may
be comprised of the following types of income, subject to different taxation levels
and methods (e.g. withholding, income norms, real based cash accounting):
income from the independent activity,
investments income (e.g. capital gains, dividends),
rental income,
pension income,
agricultural income,
prizes and gambling income,
sale of immovable property,
other sources income.
Tax period – Calendar month/quarter/year, depending on the type of income.
Tax assessment – Generally, tax returns need to be filled at the beginning of the
activity, when a change occurs and annually. Payment is generally performed
quarterly, with an annual set-off. Exceptions apply depending on the type of
income.
Exemption from taxation – Several exemptions apply, inter-alia, social
allowances granted by the state, sale of waste for recycling purposes, insurance
compensations, sponsorships, donations, inheritances, scholarships, income of
diplomats, etc.
Deductions – Expenses can be deducted (in different degrees) for the income
from the independent activity, certain investment income, rental and prize income.
Among deductions which can be applied by an individual performing independent
activities based on cash accounting, we mention:
Sponsorship – 5% of the net income adjusted with the value of such
sponsorship and protocol,
Protocol gifts – 2% of the net income adjusted with the value of such
sponsorship and protocol,
Social expenses – 5% of the annual salary expenses,
Private pension and health insurance – EUR 400 per year per person for
each type
Professional bodies fees – EUR 4.000 per year,
Fees for the authorising body – 5% of the gross income,
Expenses related to the business activity (e.g. expenses with employees,
interest for business loans, usage of cars, etc.).
Losses – Tax losses may be set off against the same types of income, where the
case may be. Losses that cannot be set off may be carried forward. The standard
carry-forward period is of 5 and 7 years (the latter, for losses incurred as of
January 2016).
Taxes on individual income –
other than salary
11. Value added tax – rates
Standard rate: 20%. Reduced rate 9% applies to food & beverage industry,
medical treatments and prosthesis, accommodation etc. Extra-reduced rate 5%
applies to supplies of social housing under certain conditions and to school books,
newspapers, magazines, admission fees to castles, museums, sport events,
cinemas, etc.
Value added tax – general information
Legislation – The VAT rules are based on the principles of the Council Directive
2006/112/EC on the Common System of Value Added Tax. The Directive is
implemented in the Romanian law by Law No 227/2015 and related
Methodological Norms.
Taxable person – Legal entities and individuals that carry on independently an
economic activity.
Taxable event:
the supply of goods and services in relation with an economic activity
within the territory of Romania;
the intra-Community acquisition of goods / services having the place of
supply within the territory of Romania; and
the importation of goods into Romania
Taxable amount – Total consideration charged for the supply, excluding VAT but
including any excise duties or other taxes and fees. In some cases, between
related parties, the taxable amount consists of the market value.
Tax period – The standard fiscal period is the calendar month. For taxable
persons whose previous year-end turnover is lower than EUR 100,000 and did not
perform intra-Community acquisitions of goods, the fiscal period is the calendar
quarter.
Tax assessment – Periodical VAT returns (monthly or quarterly, by the 25th day
of the following month) and the Local Sales and Purchases List (monthly, by the
25th day of the following month). The payable VAT liability consists of the output
VAT due on supply of goods and services carried out less input VAT of the same
period (monthly or quarterly, by the 25th day of the following month). The
refundable VAT (when input VAT is higher than output VAT) can be requested for
refund or carried forward until the statute of limitation period expires (5 years).
In addition, taxable persons carrying out intra-Community operations with goods or
services with the place of supply according to the basic rule for “business to
business” services has to file an EC Sales List (that shows the VAT identification
numbers of his business partners and the total value of all the supplies of goods
and services performed by the entrepreneur) on a monthly basis depending on the
situation.
Taxable persons (registered or not for VAT purposes) are also obliged to file one
of two types of annual statements depending on the level of turnover – with the
purpose to assess the obligation for VAT registration.
Submission through electronic means is available.
All above tax statements are to be prepared based on the information presented in
the VAT Sales and Purchase Ledgers.
Reverse charge – Reverse charge applies for the intra-Community acquisitions,
where both parties are registered for VAT purposes. Local reverse charge is
applicable in some cases between two Romanian VAT payers, for example:
corn and industrial crops, including oilseeds and sugar beets,
certain waste and recyclable materials,
word and alike materials,
gas emission and “green” certificates,
electric energy to traders,
land and buildings,
investment gold, under certain conditions,
mobile phones,
integrated circuits such as microprocessors and central processing units,
portable automatic data processing devices (such as laptops, tablets etc.),
video game consoles.
Value added tax
12. VAT cash accounting system – The system is optional for taxpayers with a
previous year turnover lower than EUR 500,000 and for the newly set-up
companies. The right to deduct the input VAT for the acquisitions of
goods/services from companies applying the system is deferred until the payment
is performed.
VAT registration
Normal VAT registration – The mandatory VAT registration for taxable persons
having the place of business activity in Romania should be performed when the
annual turnover of EUR 65,000 (RON 220,000) is exceeded. Voluntary VAT
registration before the threshold is exceeded is also possible. The VAT registration
procedure is complex and several types of documents are required.
Non-resident taxable persons established in Romania through fixed
establishments and non-residents having no actual presence in Romania can
register without observing the above threshold. However, a VAT number must be
in place before the commencement of the economic activity.
A foreign taxable person that makes long-distance sales (mail order business) to
any non-taxable person or that is not registered for VAT in Romania has to register
for VAT in Romania if the total annual value of the goods / supplies reaches EUR
35,000 (EUR 118,000).
Identified person – Taxable person not registered for normal VAT purposes in
Romania and not required to register are liable to register as an identified person
(special VAT registration) in the following situations:
purchase of services from persons established outside Romania having
the place of supply in Romania
supply of services with place of supply in another EU Member State
intra-Community acquisitions of goods from another EU Member State
cumulatively exceeding the annual threshold of EUR 10,000 (EUR
34,000).
Registry of intra-Community Operators – Taxable persons registered for normal
of special VAT purposes in Romania, performing intra-Community operations also
need to perform the registration within the Registry of intra-Community Operators
in order to validate the VAT number.
VAT group registration – Companies that are legally independent but are closely
related financially, economically and from an organisational point of view may form
a tax group, if administered by the same tax office and having the same tax period.
Transactions between the members of the group will still fall within the scope of
VAT.
13. Property taxes
Building tax
For buildings owned by companies, the Local Council set the following tax rates:
between 0.08% and 0.2% of the residential buildings tax value for residential
buildings;
between 0.2% and 1.3% of the residential buildings tax value for non-
residential buildings.
Building tax is paid annually in two equal instalments, until 31
st
March and 30
th
September.
The building tax is due for the entire tax year by the person who owns the building as
of 31
st
December of the prior tax year.
Land tax
The owners of land are subject to land tax. The Local Council establishes a fixed
amount per square metre, depending on the rank of the area where the land is
located and the category of land use.
Land tax is paid annually in two equal instalments, until 31
st
March and 30
th
September.
The land tax is due for the entire tax year by the person who owns the land as of 31
st
December of the prior tax year.
Tax on transportation means
The tax is paid by any person that owns a mean of transportation. The tax rate
varies from 8 RON to 290 RON depending on the cylindrical capacity of each
vehicle, for each 200 cm
3
or a fraction thereof.
The tax on transportation means is paid annually in two equal instalments, until 31
st
March and 30
th
September.
The tax on transportation means is due for the entire tax year by the person who
owns the mean of transportation as of 31
st
December of the prior tax year.
Construction tax
The construction tax is applicable on constructions included in the 1
st
group of the
Fixed Asset Catalogue, which are not subject to building tax. Are exempted from
construction tax the agricultural constructions (subgroup 1.2. of the Fixed Asset
Catalogue).
The tax on constructions is calculated by applying a 1% rate to the value of the
constructions recorded in the taxpayers’ books as at 31
st
December of the previous
year.
The construction tax will apply only until 31
st
December 2016.
Other business related taxes
Excise duties
The following products are subject to excise duties: alcohol and alcoholic beverages,
manufactured tobacco products, energy products and electricity.
Customs duties
Goods imported from non-EU countries are subject to import customs clearance.
Other taxes
14. About Accace
With more than 250 professionals and branches in 7 countries, Accace counts as
one of the leading outsourcing and consultancy services providers in Central and
Eastern Europe. During past years, while having more than 1400 international
companies as customers, Accace set in motion its strategic expansion outside CEE
to become a provider with truly global reach.
Accace offices are located in Czech Republic, Hungary, Romania, Slovakia, Poland,
Ukraine and Germany. Locations in other European countries and globally are
covered via Accace’s trusted partners network.
Accace S.R.L.
Frumoasa 30
010987 Bucharest
Romania
Tel: +40 31 405 0440
Mail: romania@accace.com
www.accace.ro
Subscribe to our News Flash!