Modification of Norms to apply the Fiscal Code – 9% VAT for food

Government Decision no 367/2015 for amending and the Methodological Norms for the application of Law no. 571/2003 regarding the Fiscal Code, was published into Official Gazette no 373/28.05.2015

Income tax

It is regulated the taxation of tips. The income received by individuals in the form of tips represents income from other sources and are taxable by 16%.

If the tip it is not distributed to the employees it will be taxed starting on 1 June with the standard VAT rate of 24%.

The Senate passed a decision contrary to date, namely on 27 May 2015 adopted a draft decision which removes the taxation of tip.

It is regulated the exemption from income tax for people with disabilities.

The methodological norms do not contain any reference to the fact that independent activities such as liberal professions, as well as copyright and related rights could be reclassified as dependent activities (media released information that the independent activities could be reclassified after new criteria being introduced).

VAT

Tariff codes for food for which reduced VAT rate of 9% is used are listed in the Norms.

If a package that includes food items subject to both VAT rate of 9% and non-food goods subject to VAT rate of 24%, it is sold for a total price, VAT rate is applied for each good.

If products of a package can not be differentiated, then the package will be invoiced with 24% VAT.

Packages for the foods sold are invoiced using the 9% VAT rate, the expense being considered incidental.

Alcoholic drinks are invoiced using VAT rate of 24%. Represents Alcoholic drink is any beverage that contains alcohol, regardless of concentration.

Excises

It is updated the formula for calculating the excise duty on beer, sparkling wine, cigarettes, energy products.

The Decision shall enter into force on 1 June 2015.