The conditions for micro enterprises from January 1, 2023

Starting with January 1, 2023, the conditions for micro enterprises are modified/completed. We insist on the following:

1. The ceiling drops from 1 million euros per year to 500,000 euros. According to OG 16, the condition must be met on 31.12.2022 for the company to remain a micro enterprise in 2023. However, through the approval law that was voted in Parliament and is awaiting constitutional validation and promulgation, companies that have had , in 2022, revenues greater than 500,000 thousand euros but less than 1 million euros may continue to be micro companies in 2023, until they reach the reduces threshold.
2. The condition of having an employee: must be fulfilled on 31.12.2022. If previously this was a condition for applying the 1% rate instead of 3%, now this condition becomes mandatory. According to clarifications from ANAF sources, the condition is also considered fulfilled if the company has mandate contracts with administrators for which the monthly allowance is at least the equivalent of the minimum wage or if several part-time contracts add up to at least a full rate.
3. The number of micro-enterprises in which a person can hold more than 25% of the share capital or voting rights is limited to 3. We consider that owning a microenterprise that owns, in turn, another microenterprise is not a reliable solution in the sense of this criterion.
4. The condition that at most 80% of the revenues are from services other than those of consulting and management. The following should be noted:

– Unfortunately, the law does not provide a definition of these notions, therefore any interpretation of ours is one that can be subject to criticism from the ANAF perspective;

– In addition to the service contracts, we also recommend CAEN analysis – in practice, I have observed many companies that choose to declare that they carry out consulting activities as their main activity, although, in reality, another CAEN may be appropriate.