Law 177/2017 to modify Fiscal Code

Law no. 177/2017 regarding the approval of Government Emergency Ordinance no. 3/2017 for amending the Law no. 227/2015 regarding the Fiscal Code was published in the Official Gazette no. 584/21.07.2017.

A new category of corporate tax payers is introduced, i.e. associations of owners constituted as legal entities, except those who obtain income from the exploitation of common property. Thus, they will be exempt from the profit tax if they only collect the contribution quota in the expenses of the owners’ association. Entry into force 1 January 2018.

It clarifies the deductibility conditions for the calculation of corporation tax of the goods deemed to be missing, degraded and non-imputable. It shall enter into force on 1 October 2017.

Companies that had in 2016 businesses between 100,001 and 500,000 euros will apply the microenterprises tax, even if they actually carry out activities subject to specific tax (hotels, restaurants). They will submit form 010 until 25 August 2017.

The voluntary health insurance premiums and the medical services provided in the form of a subscription incurred by the employer for his own employees are not taxable incomes at the employee level, so that the equivalent in lei of the amount of 400 euros is not exceeded for the year.

For the loss of receivables due to the bankruptcy of the beneficiary or as a result of the implementation of a reorganization plan admitted and confirmed by a court order, VAT adjustment shall be made within 5 years from 1 January of the year following that in which the judgment was issued.

Cancellation of the VAT registration will be done by the tax authority if the company has “high tax risk” (thus removing the phrase “justification of economic intent and capacity”).

The Order entered into force on 24 July 2017.