OUG no. 3/2017 amending and supplementing Law no. 227/2015 regarding the Fiscal Code

Exemptions

 Taxpayers engaged exclusively in innovation, research and development are exempt from corporate tax in the first 10 years of activity. The provision applies from 01.06.2017 (date of publication OUG no 3/2017 in OJ).

Microenterprise income tax

All companies that on 31 December 2016 obtained incomes that did not exceed 500,000 euros (2,270,550 lei) have to pay microenterprise tax starting 1 February 2017. If the share of revenues from consulting and management in total revenue will exceed 20% they will still pay corporate tax of 16%.

A tax rate of 1% for microenterprises that have at least one employee it is introduced. For those who do not have employees the tax rate remains 3%.

Income tax

 Shall be exempt from salary tax, employees with labor contracts concluded for a period of 12 months with seasonal employers.

Starting 1 February 2017 for salary income it is repealed the limitation to 5 gross average salaries of the base for calculating social security contributions (pension and health).

For investment income (dividends, interest) and income from other sources it is repealed the limitation to 5 gross average salaries of the base for calculating CASS. CASS is not due if the persons who derive income from investments / other sources also get salary or similar income.

Sales of constructions, land from personal patrimony are exempt from income tax for the amount of 450,000 lei. The value which exceeds this threshhold is taxed at a rate of 3%.

OUG no 3/2017 provisions apply starting 1 February 2017 with the exceptions mentioned in this tax newsletter.