The law makes some changes/clarifications to the provisions of OG 16/2022, of which the most relevant are:

• Micro-enterprises: maintains the ceiling of 500 thousand euros for micro-enterprises starting from January 1, 2023, with the modification that micro-enterprises and companies that had, in 2022, total revenues of up to 1 million euros (subject to the fulfillment of the other criteria) can remain micro-enterprises.
• Micro- enterprises: Tax Consulting services are excluded from consulting and management activities for which the application of the specific regime is restricted. The notions of consultancy and management remain unclear.
• Property tax: for natural persons, the modification of the calculation base is postponed until 2025. We remind you that, by OG 16/2022, the calculation base was to be the determined according to the value published through the notaries’ grid as of 2023.
• Property tax: the possibility of granting exemptions for energy-efficient residential buildings is introduced.
• Dividend tax: it is clarified that the dividends distributed in 2022 based on the interim financial statements will be taxed at the rate of 5%.

We briefly recall the changes to the Tax Code regulated by OG 16/2022:

• Micro-entreprises:

– Lowers the income ceiling to 500 thousand euros per year;

– The regime becomes optional;

– Companies that make at least 20% of their income from consulting and management services cannot opt ​​for the micro-enterprise regime;

– Microenterprises must have at least one employee;

– A person cannot have more than 25% of the share capital or voting rights in more than 3 micro-enterprises.

• The specific tax for HORECA is repealed
• Tax on the income of natural persons and social contributions:

– Dividend tax is increased from 5% to 8%;

– The 40% deduction for rental income is cancelled;

– The deduction of 450 thousand lei for income from the sale of properties from personal patrimony is cancelled;

– The computation base for social contributions is increased for incomes from activities other than those from salaries (independent activities, rents, investments, etc.). Thus, if these cumulative revenues exceed the equivalent of 24 minimum salaries per year, the computation basis will be equal to this ceiling.

– The ceiling up to which one can opt for taxation based on the income rules is reduced from 100 thousand euros to 25 thousand euros. Exceeding this ceiling implies the determination of the tax base in the real system, based on the data from the accounting in the simple part.

• VAT:

– The VAT rate for HORECA is increased from 5% to 9%

– the ceiling for the application of the reduced rate of 5% for the delivery of housing is reduced from 700 thousand lei to 600 thousand lei and the limitation to only one purchase with a reduced rate is returned.