Order 835/2015 to determine the IT activities for which the income tax is exempted

Order no 835/2015 regarding the employment in the activity of creating software, was published into Official Gazette no 573/30.07.2015

The main provisions are as follows:

Employees of entities whose object of activity includes the creation of software (CAEN code 5821, 5829, 6201, 6202, 6209), is exempt from salary tax if the following conditions are met:

– job type as specified in the Annex to the Order and framing the employee in a specialized information systems compartment, highlighted in the organization chart of the employer;
– hold a diploma issued by an accredited higher education institution;
– the employer has made in the previous fiscal year and recorded separately in analytical balances as a result of creation of software for sale based on a contract, an annual income of at least the equivalent of 10,000 US dollars for each employee who is exempt from income tax.

Appendix to the Order contains the following types of jobs for which tax relief will be granted:

– Database Administrator
– Analyst
– Engineer in Computer System
– Software System Engineer
– Project Manager of Information Systems
– Developer
– Designer of information systems
– Developer of information systems
The Order provides supporting documentation that are considered for the employment of persons exempt from salary tax, among which we mention: a certified copy of individual employment contract, payroll, internal order approved by the company’s management, analytical trial balance to be reflected separately revenues from creation of software. The file containing supporting documents will be kept at the employer office for control.
The employer will separately prepare payroll for employees who benefit by exemption from income tax.

The Law has entered into force on 30 July 2015.