LEGISLATIVE NEWSLETTER
Content:
- Government Emergency Ordinance no. 32/2016
- Order no. 943/2016
- Joint Order no. 1056/4435/2016
- Law no. 142/2016
- Law no. 155/2016
- Order no. 417/2016
- Decision no. 520/2016
Government Emergency Ordinance no. 32/2016
Government Emergency Ordinance no. 32/2016, published in the Official Gazette Part I no. 488 of June 30, 2016, supplementing Law no. 227/2015 regarding the Tax Code and regulating certain financial and tax measures
An important aspect introduced by this Emergency Ordinance is related to the income tax and states that starting with the income for August 2016 individuals who earn salary income as a result of carrying out activities in the Research and Development and/or Technological Development fields benefit from an income tax exemption on the respective salary income, in accordance with the conditions established by a joint order of the Minister of National Education and Scientific Research, the Minister of Economy, Commerce and Relations with the Business Environment, the Minister of Public Finance, , the Minister of Labour, Family, Social Protection and Elderly and the Minister of Agriculture and Rural Development.
Order no. 943/2016
Order no. 943 of June 24, 2016, published in the Official Gazette Part I no. 501 of July 5, 2016, regarding the types of tax payables that may be paid with bank cards, via POS
Are approved the types of tax payables that that may be paid with bank cards, via POS, in accordance with the Annex that is an integral part of this Order. We mention the provisions of this Order are applied only for the payment of budgetary obligations via the POSs installed in the State Treasury territorial units and only to natural persons, fiscally identified based on the personal identification code.
Joint order no. 1056/4435/2016
Order no. 1056 of July 5, 2016 of the Ministry of Public Finance and Order no. 4435 of July 5, 2016 of the Ministry of National Education and Scientific Research, published in the Official Gazette Part I no. 526 of July 13, 2016, approving the Rules for deductions for Research & Development (R&D) expenses in the calculation of the tax result
The Order approves the Rules for deductions for Research & Development (R&D) expenses in the calculation of the tax result, provided in the Annex that is an integral part of this Order. Upon entering into force, it repeals the Order no. 2086/4504/2010 of the Minister of Public Finance and of the Minister of Education, Research, Youth and Sports.
Taxpayers are granted tax incentives provided by art. 20 of Law no. 227/2015 of the Tax Code, as amended and supplemented, for Research and Development activities, as defined by the present norms, carried out individually or under collaboration / partnership / agreement with the purpose of earning an income.
The tax incentives for Research and Development activities represent the reduction of the tax result for eligible taxpayers, by the additional deduction, of around 50%, in the expenses incurred by them in the respective tax year related to Research and Development activities, as well as by applying the accelerated depreciation method in the case of equipment destined for Research and Development activities.
Furthermore, the Order lists the eligible expenses considered when granting the additional deduction in the calculation of the tax result, and the cumulative conditions to be met by R & D activities eligible for the additional deduction in the calculation of the tax result.
Law no. 142/2016
Law no. 142 of July 12, 2016, published in the Official Gazette Part I no. 528 of July 14, 2016, amending Law no. 263/2010 regarding the unitary public pension system
Article 6, paragraph (2) shall be amended as follows: ” (2) Within the public pension system, based on the social insurance contract and under the provisions set out in this law, can be insured attorneys, notaries public, clerical staff and that which is assimilated to clerical staff in the recognized denominations that are not integrated in the public system, and any individual who wishes to be insured, respectively who wishes to complete their insured income”
Among other articles amended by this Law we mention paragraph (4) article 65 which discusses the amount of the partial early retirement pension that is established from the amount of the old age pension by reducing it in relation with the length of employment and the number of months with which has been reduced the statutory retirement age, in accordance with art. of table no. 21 .
Finally, we mention that in accordance with article 65 paragraph (5) as amended by this Law, individuals who have lived for at least 30 years in areas affected by residual pollution due to extraction and processing of ferrous ore containing copper, lead, sulphur, cadmium, arsenic, zinc, manganese, fluorine, chlorine, metallic powders and ammonia emissions and derivatives, respectively in Baia Mare, Copsa Mica, Zlatna and Targu Mures, within a radius of 8 km around these localities, benefit from a reduced statutory retirement age by 2 years without the penalty provided in par. (4).
Law no. 155/2016
Law no. 155 of July 15, 2016, published in the Official Gazette Part I no. 545 of July 20, 2016, amending and supplementing Law no. 263/2010 regarding the unitary public pension system.
Article 56, paragraph (5) shall be amended as follows: “(5) The full contribution period is of 20 years for persons who worked at least 20 years in jobs specified in article 30 paragraph (1) letter a) of this Law, namely 30 years for persons who worked at least 20 years in jobs specified in article 30 paragraph (1) letter f) of this Law”
Article 57, paragraph (3) shall be amended as follows:” (3) For persons mentioned in paragraph (1), the full contribution period is of 15 years, for those who have carried out activities within the radiation exposure area I, respectively of 17 years for those who carried out activities within the radiation exposure area II.”
Of the provisions of article 56 and 57 of Law no. 263/2010 benefit, upon request, also the persons whose pension rights were opened between January 1, 2011 and the effective date of this Law.
Recalculated pension rights are due and paid in the month following its registration at the Territorial Pension House within the domicile or residence area of the applicant.
Order no. 417/2016
Order no. 417 of July 15, 2016, published in the Official Gazette Part I no. 591 of August 3, 2016, amending the Control methodology for the issuing of medical leave certificates under the provisions of Government Emergency Ordinance no. 158/2005 on leaves and social health insurance indemnities, approved by the President of the National Health Insurance House by Order no. 627/2010.
Decision no. 520/2016
Decision no. 520 of July 20, 2016, published in the Official Gazette Part I no. 576 of July 28, 2016 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from electromagnetic fields.