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The year 2021 arrives with many new developments in the tax field. On this occasion there are no negative provisions, such as GEO 114, but things like incentivizing companies to increase capital, tax consolidation at the group level, the deadline for filing the Single Declaration on May 25, Extensions of terms or of the specific tax in Horeca and others. Perhaps the exception is the fact that the Emergency Ordinance published today has extended the deadline to apply 5% VAT to apartments of up to 140,000 euros until January 1, 2022.
All of the following are already in the Official Gazette, some of them published today, December 31st.
25 tax provisions come into force in the new year
1. Tax reductions for companies with positive capital – from January 1, 2021
These will apply to both corporate taxpayers and micro businesses or specific taxes.
* These are reductions in the annual income tax, the income tax for micro-enterprises, the specific tax for certain activities
The discounts are:
• 2%, if the accounting assets, presented in the annual accounts, respectively in the annual accounting reports of the permanent establishments of legal persons residing in states belonging to the European Economic Area, in the year for which the tax is due, is positive . For taxpayers who, in accordance with legal provisions, have the obligation to constitute the capital stock, the accounting equity must, at the same time, meet the condition of being at the level of a value at least equal to half of the subscribed capital stock. .
2. Adjustments for impairment of accounts receivable become fully deductible under the conditions provided by law. This removes the current threshold of 30%.
3. Personnel motivation and retention plans through actions of the stock option plan.
4. Tax consolidation at the group level
It will allow companies in the same tax group to offset gains with losses and will pay taxes only on the difference.
5. The benefit in the form of personal use of vehicles is no longer taxable and exempt from social security contributions also for employees of micro-businesses or companies that owe the specific tax for certain activities, without other conditions.
6. The problem is solved with the gift vouchers about which HotNews.ro kept writing that ANAF misinterpreted the legislation without consulting the MFP specialists, so it initiated controls.
Therefore, all gift vouchers given by a company to people who do not have a salary-generating relationship with it are income from other sources and are subject to a 10% income tax.
7. Employers will not pay income tax and social contributions for the amounts awarded to employees who work remotely within a monthly limit of 400 lei corresponding to the number of days of the month the employee works remotely.
8. The costs incurred by employers with epidemiological tests and / or vaccination of employees to prevent the spread of diseases that endanger the health of employees and the public will be exempt from income tax and contributions.
9. The amounts paid by the employer for the initial education of the employees’ children will be exempt from the payment of social security contributions.
From the point of view of income tax, these expenses will not be deductible but may be deducted from the income tax due, up to a maximum of 1,500 lei / month for each child.
10. Possibility of recovering the VAT paid to the budget for invoices older than one year, not charged to individuals.
11. Possibility of appointing an authorized tax representative for VAT obligations by persons not registered for VAT purposes in Romania.
12. The deadline of: March 15, including the presentation of the sole declaration on income tax and social contributions owed by individuals, as well as the deadline for the payment of income tax and mandatory social contributions owed by individuals, will be replaced by the term: May 25, inclusive.
13. The term of: March 15, inclusive, foreseen for the presentation of form 230 “Application for destination of the amount representing up to 3.5% of the annual tax owed” is replaced by the term of: May 25, inclusive.
14. Termination of the tax procedure when there are criminal suspicions about evidence of the tax inspection phase and notification to criminal bodies to carry out investigations, being regulated in a balanced way and with adequate mechanisms to protect the interests of the taxpayer and the tax authorities.
15. The competence to resolve appeals comes from the subordination of ANAF to that of the Ministry of Public Finance.
16. The introduction of four new cases of nullity of the fiscal administrative act, for situations in which the fiscal body does not comply with the legal regulations:
• presentation of the reasons why it does not take into account administrative acts / judicial decisions on the same type of problem for the taxpayer in question;
• the indications of the body to resolve the appeal are not observed when reestablishing the tax inspection;
• issue a document at the end of the tax inspection, if the double legal deadline for its execution has been exceeded);
• Issue an administrative act at the end of the tax inspection, even if signs of a crime have been found for which a criminal notification was made.
For more details read: 10 news about the Tax Code and some about the Tax Procedure Code
17. Possibility of reexamining the decision to resolve the appeal, at the request of the taxpayer if a positive precedent arises.
For example, a contrary decision issued by the Court of Justice of the EU, a contrary decision of the Court of Cassation and Justice or other unknown facts is discovered at the time of the tax inspection. It is a reason to reconsider the decision.
This was recently explained by tax advisor Cornel Grama.
18. If the annual regularization of the dividends paid as a result of the partial distribution during the year results in amounts to be reimbursed charged to the budget, the dividend payer submits to the tax authority a statement of regularization requesting reimbursement.
(explained in detail recently by Cornel Grama)
Extended deadlines
19. Employers who, between January 1 and June 30, 2021, employ, indefinitely, full-time, people over the age of 50 whose employment has ceased for reasons not attributable to them, during the state of emergency or alert, people between 16 and 29 years old registered as unemployed in the records of the county employment agencies, respectively of the Bucharest municipality, as well as Romanian citizens, included in the same age categories, whose labor relations with foreign employers on the territory of other states, from reasons not attributable to them, due to dismissal, they receive monthly, for a period of 12 months, for each employee in this category, 50% of the employee’s salary, but not more than 2,500 lei.
Employers are required to maintain employment for a period of at least 12 months from the end of the 12-month period.
The amounts are granted for the payment of salary proportional to the real time worked by the employee and are not accumulated, for the same employee, with the subsidies granted to employers that have concluded with the county employment agencies.
20. An article of GEO 132 (Kurzarbeit) was modified in the sense that for people who carry out non-qualified activities of an occasional nature (day laborers), who carry out their activity in one of the fields provided for in art. 13 of Law No. 52/2011, reissued, with subsequent modifications and terminations, for a period of three months, at the choice of the beneficiary of the works, but no later than June 30, 2021, an amount representing the 35% of the remuneration due for the day. for work.
21. 41.5% will continue to be granted
Until June 30, 2021, but not more than a period of 3 months, at the choice of the employer, for employees who enter into individual employment contracts for a fixed period of up to 3 months, a part of the salary awarded to them, charged to the Unemployment Insurance Budget, which represents 41.5% of the salary related to the days worked in these positions, for a work period of 8 hours / day, but not more than 41.5% of the gross income average predicted by the State Social Security Budget Law for the year 2020 no. 6/2020, with subsequent modifications and terminations, related to the period worked.
That is, 41.5% of the amount provided for in that law represents: 2,253 lei.
22. The deadline in GEO 69 (which tax amnesty for sanctions) is March 31, 2021.
23. For the simplified debt rescheduling procedure, natural and legal persons may submit a request to the tax authority also between January 1, 2021 and March 31, 2021 inclusive, under the penalty of confiscation. Upon request, the debtor can attach the tiered schedule containing the proposed amount of tiered fees.
24. The return of VAT with subsequent control has a new term: March 31, 2021
25. The Horeca sector will not owe specific tax for 90 days from January 1, 2021.
