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Legal & Fiscal

The meal ticket - 8.72 lei starting with September 2009

Meal tickets can be offered to employees by any kind of company, they are tax deductible and exempt from taxes and social charges.

If so far, including the month of August 2009, in Romania the value of a meal ticket was 8.48 lei/month, starting with September 2009, a ticket will have the value of 8.72 lei.

In the Official Gazette nr.547 from the 6th of August 2009, was published the Order of the Ministry of Labour, Family and Social Protection (MMFPS) no. 1.444/2009 for establishing the nominal value of a ticket for the second half of 2009, which approves the new value of the ticket since September 1, 2009.

It is good to know that the law 142/1998 who regulates the meal tickets regime provides the twice a year indexation of the value of these vouchers. The nominal value of the meal tickets is indexed every six months with the consumer price index of alimentary goods.

The Companies may now request to postpone the payment of the taxes and social charges

The Romanian Government published on 23rd of July 2009 the implementing rules of the Emergency Ordinance 92/1009 for postponing the payment of unpaid tax obligations on time, due to the effects of economic and financial crisis, determining the framework within which companies may benefit from delaying the payment of the taxes. The provisions of GEO no. 92/2009 shall apply until 30rd of June 2010.

The legal provisions refer to the payment of the tax obligations administered by ANAF: taxes, fees, contributions and other amounts due to general budget, and increases for the delay in respect thereof.

Conditions for the benefit of payment postponing

To qualify for postponing the payment of the taxes, taxpayers must fulfil the following cumulative conditions: read more»

During the technical unemployment employers and employees are exempt from payment of taxes and contributions to the state budget

Technical unemployment was until recently a concept included in the Romanian Labor Code. After various legislative changes, however, the term "technical unemployment'' was removed, and his place was taken by the expressions "suspension of employment” or “a temporary interruption of employment”. However, in common language, the phrase" technical unemployment" is still used when we want to refer to such interruption or temporary suspension of employment contracts.

Regarding the payment of salaries and social contributions during such period, the Government is trying to help the employers in this period, through the Emergency Ordinance no. 28/2009 published in 25 March 2009: read more»

The receipts with value of less than 100 lei are still tax deductible?

The Governmental Ordinance no. 105/2009 repealed the provisions of Governmental Ordinance no 831/1997 in order to approve the common patterns forms for the financial and accounting activities and for the regulations concerning the way to prepare and use these forms.

Under the new regulations, the companies should consider the fact that the tax receipts issued with electronic tax devices under the Emergency Ordinance 28/1999 are documents that prove the payment and need to be attached to the cash flow register.

Introducing in the accountancy the purchased goods or the expenses made by companies and paid based on tax receipt (cash or card), is possible only if:

  1. the company requires an invoice for delivered goods or for the carried out services, having in annex the tax receipts issued by the electronic tax device
  2. or read more»

New taxes and less deductibilities – the latest amendments of the Romanian Fiscal Code

Starting with 1st of May 2009 a few important changes of the Romanian Fiscal Code became effective, through the Emergency Ordinance 34/2009. We present below the most important elements that have been changed.

Introduction of the lump tax rate

One of the main news brought by the Emergency Ordinance 34/2009 is reffering to the introduction of a new type of taxing, the lump tax rate.

In this respect, was introduced for the Romanian legal entities, payers of the taxable profit, the compulsoriness to determine the quarterly tax by comparing the quarterly income tax with the minimum quarterly lump tax rate and the income payment at the higher amount.

To apply the lump tax rate, the amounts corresponding to the minimum tax, determined according to total income registered on December 31st 2008, are: read more»

Romanian companies that import or export goods are required to obtain code EORI

Starting with the 1st of July 2009, all the companies who are trading within the European Union will have to obtain an unique code for customs operations, called the EORI code.

The legal provisions that define the EORI code are contained in Regulation (EC) no. 312-2009 and are part of the stipulations of the Council establishing the Community Customs Code, published in EU’s Official Journal no. L 98 dated 17 April 2009.

The procedure for obtaining this code in Romania is regulated by the Order of the President of the National Agency for Tax Administration no. 691/2009 for the approval of the Technical Norms regarding the registration and identification of economic operators in Romania. read more»

The Romanian companies can now be dissolved without a liquidator

The law 31/1990 was amended again in April bringing one of the most important changes in the Romanian fiscal environment. In case of voluntary dissolution and liquidation of companies, the process can be done now without a liquidator.

Thus the article 227, paragraph (1), points b) and d) of Law 31/1990, updated on 17.04.2009, describes the procedure of voluntary liquidation and dissolution without assigning a liquidator.

This procedure spares the trader of the need to assign an authorized liquidator to draw up the report of liquidation. Also, this procedure eliminates the stage of publication in the Official Gazette of the liquidation balance and report.

The simplified procedure assumes through 3 stages, which are present below:

Stage I read more»

Changes in social contributions in Bulgaria in the beginning of 2009

Changes in the social insurance and tax burden in Bulgaria which took place at the beginning of 2009 include a decrease in the mandatory pension contributions owed by employer and employee and an increase in the mandatory health contributions. The reference income maximum remains the same as last year, or BGN 2000. It was brought to that level in 2008, after being fixed at BGN 1400 in August 2007. The 10% proportional income tax for employees remains the same.

As a result of these changes the social insurance and tax burden for gross salaries of up to BGN 2000 has fallen, from 36.2% на 30.3%.

Gross minimum wage has increased to 600 lei from the 1st of January 2009

From the 1st of January 2009, according to the GD 1051/2008, the basic national minimum gross salary , in Romania, has been increased from 540 lei to 600 lei per month for a full time working programmme of 170 hours per month, representing the 3,529 Ron/ hour.

At the minimum wage stated above, coefficients corresponding to each job are applied. For example:

  • to employees that are qualified, the coefficient of 1.2 is applied so that they will have a minimum gross salary of 720 RON.
  • to employees with University degree, the coefficient of 2 is applied, so that they will have a minimum gross salary of 1200 RON.

Failure to respect these provisions represents contravention and is punished by fine from 1000 to 2000 RON.

Tax rate for micro-companies increased from the 1st of January 2009

Tax rate for the incomes of the micro-companies increased from 2.5% to 3% from the 1st of January 2009, according to art. 107 of the Fiscal Code.

In order to benefit of the advantage of the fiscal policy for micro-companies, companies which choose this option should meet on December 31st of the previous fiscal year, cumulative, conditions laid down in Article 103 of the Fiscal Code:

  1. to achieve revenue, other than those of consulting and management, the proportion of over 50% of total revenues;
  2. to have at least 1 employee and maximum 9 employees;
  3. to make annual income not exceeding the equivalent in RON of 100,000 euros
  4. the registered capital of the legal person to be detained by natural or legal persons other than the State, local authorities and public institutions.

Return to pay tax  read more»

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