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Legal & Fiscal

Social contributions decreased in December 2008 and increased again in January 2009

Unfortunately, the estimations from December 2008 regarding the contributions to the social insurances payed by the employer were partially modified, on the increase, beginning with 2009.

Thus, through the Emergency Ordinance no. 255 that refers to some budgetary-financial measures published on 30.12.2008, (that completes art. 18, second paragraph from Law 19/2000 regarding the public pension system and other social insurances rights), the quota of the contributions of social insurances are established beginning with the 1st of January 2009, as it follows: read more»

Fiscal facilities "repealed" by the anticrisis plan

The New Executive Body in Bucharest adopted on the 30rd of  December 2008 a series of measures agains the crisis effects, cancelling some of the measures against the crisis just promoted by the old Government.

One of the main provisions agains the crisis promoted by the new Government is the elimination of the new tax incentives, specifically the 5% bonus to prepay taxes, paid for fast payment of obligations to the state budget. Another measure of fiscal loosening eliminated is the one relative to the bonus received by the employers who create new jobs. read more»

Calculation method for allowance of child's growth was modified

On the 10th of December 2008 Romanian Government has adopted Decision no. 1682, that amends and supplements the Government Emergency Ordinance no. 148/2005 of family support to raise the child.

This decision brings a series of news for mothers or future mothers whom revenues exceed the amount of the fixed monthly allowance of 600 lei.

In this sense the rules for implementing the above Ordinance provides that from January 2009 the child allowance is granted in the amount of 600 lei, or optionally, the rate of 85% of average professional income achieved during last 12 months of last year before child's birth or where appropriate, the date on which the child was given for adoption, or the child was adopted or child has taken in placement or in placement in a matter of urgency, as well as the date on which the person was appointed guardian, according to law. read more»

Beginning with 2009 holiday tickets might be introduced

According to a bill that is to be introduced within the Romanian Parliament, starting with next year the employees might receive vouchers for holiday from the employer. The maximum annual value that might be granted will represent the equivalent of six minimum gross wages per economy.

In accordance with the agreement between the Government, the syndicates and the associations of employers, beginning with the 1st of January 2009, the minimum gross wage granted will be 600 RON, therefore the employer might receive at the most 3600 RON per year for the holidays.

In this way, the law allows to the employer to offer a supplementary benefit to the employees, under the form of a payment for the holiday, out of which the state will return the taxes. The condition for the employer to benefit of this facility is that the company registers profit. read more»

Starting December 2008 the employers’ contributions have diminished

Starting with the 1st of December 2008, three types of contribution owed by the employers to the state budget have been diminished as follows:

  • According to article 27 from Law 76/2002, with further alterations and completions, the contribution for the budget of unemployment insurances owed by the employer will diminish from 1% to 0.5%.
  • According to article 258 to Law 95/2006, with further alterations and completions, the contribution for health insurances owed by the employer will diminish from 5.5% to 5.2%.
  • According to Law 387 from 2007 concerning the budget of state social insurances, the contribution of social insurances owed by the employer will diminish from 19.5% to 18%.

Legal entities are obliged to conclude real estate insurances

After long delays, on the 10 th of November 2008 was finally published the Law 260/2008 regarding the compulsory insurance of real estate against earthquakes, land slips or floods.

This Law will be aplied within 120 days of publishing it in Official Gazette of Romania, respectively at the 10th of March 2009.

The Law refers not only to obligativity of houses' insurance by natural persons but it stipulates provisions also for houses which are owned by legal entities.

So, any legal entity, who ownes houses and those are registered at Fiscal Authorities, is obliged to close an insurance contract against earthquakes, land slips or floods. In case of houses which are state ownership or territorial-admministrative ownership this obligativity is incumbent on appointed person or authorities to manage them, under the Law terms. If a house is the object of a financial leasing contract, the conclusion of the insurance contract will be the tenant's obligation. read more»

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.

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