• Order no. 1580/1098/2220/2022
• Ordinance no. 16/2022

Order no.1.580/1.098/2.220/2022

Order no. 1580/1098/2220/2022 published in the Official Gazette no. 715 of July 15, 2022, for the approval of the template, content, submission and management of the “Statement on the obligations to pay social security contributions and income tax, and the nominal record of insured persons”, brings the following clarifications:

Comment: The template and content of form 112 “Statement on the obligations to pay social security contributions and income tax, and the nominal record of insured persons”, as well as the Annexes no. 1.1 “Employer Annex” and no. 1.2 “Insured Person Annex”, provided in Annex no. 1, are approved.

The provisions of this Order shall apply from the income statement for June 2022.

Ordinance no. 16/2022

Ordinance no. 16/2022 published in the Official Gazette no. 716 of July 15, 2022, on the amendment and supplement of Law no. 227/2015 on the Fiscal Code, the repeal of some normative acts and other tax measures.

Comment: This ordinance contains numerous amendments concerning, among others, the corporate tax, the micro-enterprises income tax, withholding tax, local taxes, amendments with impact on tax facilities granted to certain sectors of activity, income tax, VAT.

The most important changes are brought to the income tax, among which we mention:

1. Amendments to the tax benefits in the field of construction, agriculture and food:

    • A new mechanism for calculating the turnover achieved by employers in the construction field is regulated.
    • The tax benefits will be granted within the limit of a gross salary income of up to 10,000 lei starting with the incomes gained starting with August 2022.
    • Starting January 2023, the tax incentives will apply to income from salaries and assimilated to salaries earned only under individual employment contracts.

2. Changes brought to the taxation regime of individual part-time employment contracts.
In their case, starting with August 2022, social contributions cannot be lower than those related to the minimum gross salary per country, calculated by reference to the number of working days during which the employment contract was active.
The difference in contributions shall be borne by the employer on behalf of the employee.
The Ordinance provides certain exceptions: pupils, students up to 26 years old, certain categories of pensioners, employees who earn income from salaries during the same month based on two or more individual employment contracts, and the cumulative monthly calculation base for them is at least equal to the gross minimum basic salary per country.

To identify and to apply these exceptions, the employer shall request supporting documents, and in the case of employees earning income from wages based on two or more individual employment contracts, the procedure for applying the exception shall be established by order of the Minister of Finance.

3. Starting January 2023, important changes are brought to the system of basic and additional personal deductions.

4. Starting January 2023, the tax treatment for the benefits granted to employees is modified by introducing a non-taxable ceiling of 33% applicable to the base salary of the employee.

In addition to those mentioned above, major changes are also brought to the taxation of income from dividends, from the transfer of goods, gambling, independent activities, etc.

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