LEGISLATIVE NEWSLETTER
The document covers the following:
• Order no. 950/2016
• Decision no. 159/2016
• Emergency ordinance no. 5/2016
• Decision no. 133/2016
• Law no. 33/2016
• Order no. 3482/2016
• Law no. 46/2016
• Order no. 1110/2016
• Order no. 962/2016
Order no. 950/2016
Order no. 950 of 08.03.2016, published in Official Gazette, part I no. 188 of 14.03.2016, regarding the amendment of the President Order of National Agency for Fiscal Administration, no.52/2012, for approval the forms listed in Title III of Law no. 571/2003 regarding the Fiscal Code
The present Order amends the instructions regarding the filling-in and submitting the form 200 “Statement regarding the incomes obtained in Romania”.
Decision no. 159/2016
Decision no. 159 of 11.03.2016, published in Official Gazette, part I no. 208 of 21.03.2016, for amending and supplementing the Methodological Norms of Law no. 227/2015 regarding the Fiscal Code, approved by Government Decision no. 1/2016
The amendments and additions of the present decision focuses on the following aspects:
a) Title III “Micro Enterprises Income Tax” – at point 4, line (2) is inserted a new paragraph, as follows: “(3) According to art. 51 line. (5) of the Fiscal Code , if, during the trimester, the number of employees changes, tax rates are applied properly, taken into consideration the number of existing employees at the end of last month of the trimester”
b) Title IV „Income tax” At point 12 line (6), letter a) is amended in the assessment for personal use of the company’s property with mixed use as follows: a) vehicle evaluation is made in accordance with line (5) letter a), and the advantage is determined according to the number of kilometers for personal interest of all mileage. As an exception from the advantage evaluation under the form of personal use of vehicles for which expenses are deductible 50 percent according to Art. 25 line ( 3) letter l) of the Fiscal Code and the provisions of Art . 68 line. (7) letter k ) of the Fiscal Code , which is not taxable to the employee.
At point 12, line (15) regarding the income which are not taxable according to art 76, line (4), letter f), d) and e) is amended and will have the following content:
„d) The amounts paid by the company for the protection food received for free by the employees who are working in such conditions that impose these type of diet, according to the provisions regarding the health and safety at work”
„e) The amounts paid by the company for the sanitation and hygiene materials received for free by employees, according to the provisions regarding the health and safety at work”
Point 43, line (2) is amended and it will have the following content:
“(2) Non-resident teachers and researchers who perform activity in Romania exceeding the established period for exemption provided by double taxation conventions concluded between Romania and other states are imposed for income obtain during the period which exceeds the exemption period, as is stated by Title IV or art. 223 line (1) and (2) of title VI, as the case, from the Fiscal Code”.
Other amendments made by present Decision are regarding: Value Added Tax, Excise and another special taxes, Local taxes.
Emergency ordinance no. 5/2016
Emergency ordinance no. 5 of 10.03.2016, published in the Official Gazette Part I no. 189 of 14.03.2016, for amending and supplementing Law no 95/2006 regarding the health reform
Changes and additions of the present Emergency ordinance focuses on the following aspects:
Art 224, line (2) letter g) is amended as follows:
“(2) The persons involved in one of the following situations are insured with the contribution payment from other sources as provided by the current law:
g) the individuals with monthly incomes from pensions which are less or equal to the value rounded at 1 leu of a pension point established for the respective tax year”. We remind that the previous provision regarded the individuals with incomes from pensions which were less than 740 lei.
Art 225, lit. c) is amended as follows:
The following category of insured person are exempted from co-payment as follows:
“c) the individuals with monthly incomes obtained only from pensions whose amount is less than the value rounded at 1 leu of a pension point established for the respective tax year”
Art 226, line (3) is amended as follows: „the individuals with monthly incomes from pensions whose amount is exceeding the value rounded at 1 leu of a pension point in the respective tax year, owes the monthly contribution for health insurance, computed according to the provision of Fiscal Code”
We remind that in 2016, the pension point is established at 871,7 RON.
Decision no. 133/2016
Decision no. 133 of 02.03.2016, published in the Official Gazette Part I no. 172 of 08.03.2016, for amending the Methological Norms of Law no 76/2002 relating to the assurance system of unemployment and stimulation of employment, approved by Goverment Decision no 174/2002 and for amending the Procedure regarding access to employment stimulation, the financing methods and instructions of implementing those measures approved by Decision no 337/2002.
The amendments introduced by Decision no. 133/2016 regard the implementation norms of Art. 771 from Law ( expenses subventions for executing activities/work for the local communities interests ), as well as the requests provided by law for obtaining these subventions.
Law no. 33/2016
Law no. 33 of 17.03.2016 published in the Official Gazette Part I no. 209 of 22.03.2016 regarding the approval of Emergency Ordinance no.52 /2015 amending and supplementing Law no. 307/2006 regarding the fire protection.
Order no. 3482/2016
Order no. 3482 of 24.03.2016, published in the Official Gazette Part I no. 248 of 04.04.2016, approval the Regulation of setting and organizing the National Council for Attesting Titles, Diplomas and Certificates.
Law no. 46/2016
Law no. 46 of 30.03.2016 published in the Official Gazette Part I no. 241 of 01.04.2016, for amending article 6 line (2) letter f) of Government Ordinance no.26/2000 with respect to foundations and associations
Art. 6 line (2) letter f) from Government Ordinance, no 26/2000, regarding to association and foundations is amended as follows:
„f) The initial assets of association, patrimonial assets cannot be less that 200 lei and is concluded by contribution in kind or cash of the associates”. In case the real estate contributions in kind, it is mandatory to have the authentic form for the constituive act and status.
Order no. 1110/2016
Order no. 1110 of 2016, published in the Official Gazette Part I no. 257 of 06.04.2016, for amending and suplementing the Order of the President of National Agency for Fiscal Administration no 3622/2015, for approval the format and content of some forms used in the administrating the income tax and social contributions due by individuals
At Art1, line. (1), after letter g) two new letters are introduced :
h) “256 Imposing Decision by default of individuals income” 14.13.02.13/o code, and “Annex to Imposing Decision by default of individual income”
i) “257 Decision for cancelling the imposing decision by default of individuals income”, code 14.13.02.13/d.d.o.
Order no. 962/2016
Order no. 962 of 11.03.2016, published in Official Gazette, part I no. 233 of 30.03.2016, for approval the procedure regarding the default setting of taxes and contributions regime of self assessment or withholding
The present order approves the procedure regarding the default setting of taxes and contributions regime of self assessment or withholding, provided by Annex 1.
It approves the model and content of the following forms:
a) „Reports of the default imposing”;
b) 160 „Imposing Decision by default for taxes and contributions with self assessment or withholding regime”
c) 161 „ Decision for cancelling the imposing decision by default”