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Legal & Fiscal

New reglementations regarding authorisations for small business

In the Official Gazette 328 /25th of April 2008 was published the Govern Emergency Ordinance no 44/2008 regarding the organisation of economic activities for natural persons, individual and family enterprises which abrogates specifically the Law 300/2004, the enforcement guidelines of applications of Law 300/2004 and also any other contrary legal provisions.

New regulation simplifies the procedure of registering such entities in the Registrar of Commerce as well as the procedure of operating changes in the statutory documents of authorized natural persons, individual and family enterprises.

Thus, the procedure of issuing the working authorizations by the Municipalities was canceled, the Registrar of Commerce of every Court being the only body competent to issue registration certificates, respectively the certificates of registering mentions for such legal entities.

In the new legal provision new terms are included and defined as following: read more»

Changes in the Fiscal Code in 2009

According to the Ministry of Economy and Finance, beginning with 2009 the Fiscal Code will suffer several changes:

VAT

The persons that are not registered for VAT purpose (especially the natural persons) and who buy new intra community means of transport will not be obliged to pay VAT in Romania for these acquisitions before the enrolling of the new means of transport, those enrolling in Romania not being possible without this proof.

Until now, VAT was paid till the 25th of the month following the intra community acquisition and the proof of the payment was not requested at the enrolling.

Excices

The legal entities that commercialize, in retail, system energetic power products for which excises should be paid, for example all types of fuels, are obliged to be registered at the Territorial Fiscal Authority. read more»

The minimum gross salary was modified

Due to some changes in the legislation, the minimum gross salary was increased on national level to 540 lei, starting with the 1st of October 2008, accordingly to legal provision no. 1051/10.09.2008. The change will be valid until the 31st of December 2008. Starting with 1st January 2009 the minimum gross salary will increase from 540 Lei to 600 Lei per month.

The amount of 540 Lei is established for 170 hours per week representing 3, 16 lei/hour. In case employees’ salaries are registered below the Romanian minimum gross salary, this is considered to be illegal and is penalized with fees between 1000 - 2000 lei.

In Romania, the minimum gross salary for the period between October and December 2008 will be 540 Lei for unqualified workers, 648 Lei for qualified workers and 1080 Lei for employees who graduated college.

Labour code grants more days of leave

Starting this Monday the President of Romania, Mr. Traian Basescu, promulgated the Law regarding updates of the first paragraph of article 134 from Law no 53/2003 – Labour Code.

Employees will benefit of 3 additional days of leave (excepting those already stipulated). These days will be: first and second day after the Whitsun (the Whitsun is celebrated on Sunday, 50 days after Easter) and the 15th of August, when is celebrated the Assumption of the Blessed Virgin.

Contribution rates to social security and unemployment insurance fund will decrease from the 1st of December 2008

According to the state social insurance law for the year 2008, no. 387/2007, contribution rates will change from the months of December this year. The new rates of contribution are as follows: read more»

The tax for the re-codification of company's activities will be eliminated

Accordingly to a Government decision project, that was deposited for public debate and also published on the website of the Ministry for SME's, Commerce and Tourism, the tax for updating the activities of the companies (the re-codification) will be abolished.

The Minister Ovidiu Silaghi also declared that the companies who already paid the taxes will not get the money back since the law is not applicable retroactively. read more»

Reverse taxation simplification

Beginning with 2008, and according to the article 160, 2nd paragraph from the Fiscal Code, with the further modifications and addings, the goods and the services for the delivery of which the simplification procedures regarding reverse taxation are applied include:

  1. the offal's and the secondary raw material, resulted from their capitalization, such as they are defined by the Government's Urgent Disposition no 16/2001 regarding the administration of the recycling industrial offal's, republished, with the further modifications.
  2. the goods and/or the performed services by or for the persons for whom the insolvency procedure was started, excepting the goods furnished within the retail trade;
  3. the wooden material, in agreement to the norm stipulations.

In accordance with the point 82 from the Methodological Stipulations: read more»

The registering of the contracts with non-resident suppliers

The Official Gazette no 858/2007 published details regarding the procedure of registering of the contracts between Romanian legal entities and foreign legal entities or non resident persons.

This normative document repealed the stipulations of ANAF Disposition no 1.145/2007 emitted in October 2007 and substantially modified the registration procedure of the contracts concluded with non-resident suppliers.

Thus, its important modifications are: read more»

The taxation for the presents offered to employees was canceled

After many disputes, the Order 92/2008, issued by the Minister of Labor, Family and Social Equity, Paul Pacuraru, who was modifying the application norms of the Law 19/2000 regarding the public pension and social security system was canceled. The cancellation comes through the Order 128/2008, issued by the same Minister and published in the Official Gazette no. 168 from 3rd of March 2008.

The Order 92/2008 was defining the monthly gross income that is subject of taxation, respectively by the inclusion of new categories of employee benefits as subjects of taxation, such as the presents offered to the employees, the use of company car and company phone for personal purposes.

Any personal benefit is subject of taxation!

The Ministry of Labor, Family and Social Equity issued the Order 92/8.02.2008, who is modifying the application norms of the Law 19/2000. The change mainly consists in the redefining of the "gross income" that is subject of taxation, respectively by the inclusion of new categories of employee benefits as subjects of taxation.

Some of the incomes considered subject of taxation are: the amounts paid to the employees by retirement, leave and holidays bonuses, the amounts paid as result of the closing of labor relationship, social benefits offered as a result of a social or family event, presents offered in money to the employees on the benefit of minor children, presents offered to employees with various occasions, including the 8th of March, the amounts paid as result of civil conventions. read more»

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