Академический Документы
Профессиональный Документы
Культура Документы
2. Quota - 16%
Exceptions:
3.2. Expenses
3.2.1. Deductible expenses
expenses incurred for business economic purposes
Examples (provided by the norms):
expenses incurred for labor protection, prevention of professional hazards and diseases and
protocol and entertainment expenses (e.g., gifts to clients, business lunches) up to 2% of the
adjusted accounting profit before tax (Example no. 1);
employee-related expenses (social expenses): birth, death, incurable disease support, expenses
aimed at the proper functioning of certain units/activities of taxpayers, e.g., kindergartens, health
units, canteens, sports clubs, sponsorship for schools, treatment in health resorts) as well as gifts for
employees and their children for Christmas, Eastern, 8th of March or 1st of June - currently up to
5% of the total salary cost (Example no. 2);
expenses for meal or vacation vouchers, in accordance with the law;
losses of perishable goods within the limits provided by government-approved norms (Example
no. 3);
depreciation of vehicles in the limit of 1.500 lei/monthly;
50% of expenses borne for motor road vehicles which are not used exclusively for business
purposes, having a maximum authorised weight of not more than 3,500 kg and not more than 9
passenger seats, drivers seat included, owned or used by the taxpayer. Such expenses shall be fully
deductible for:
- vehicles solely used for emergency, security and protection and courier services;
- vehicles used by sales and procurement agents;
- vehicles used for carriage of passengers for consideration, including for taxi activities;
- vehicles used for the supply of services for consideration, including rental to other persons or
training activities carried out by driving schools;
2
Example no. 1
Total revenues 50.000 lei, from which dividends (761) 2.000 lei
Total expenses 40.000 lei, from which protocol: a) 3.000 lei; b) 100 lei
Computation basis = Total revenues Total expenses + Income tax expense (Acc. 691) + Protocol
expenses (Acc. 623)
Case a)
RD 623 = 3.000 lei
Case b)
RD 623 = 100 lei
623 deductible = 2% * (50.000 40.000 + 3.000) 623 deductible = 2% * (50.000 40.000 + 100) =
= 260 lei
202 lei
623 non deductible = 3.000 260 = 2.740 lei
623 is entirely deductible.
Taxable result = 50.000 40.000 2.000 + 2.740 Taxable result = 50.000 40.000 2.000 = 8.000
= 10.740 lei
Example no. 2
The company records the following social expenses:
- burial support 6.000 lei
3
Romanian and foreign profits tax (a tax credit is allowed for taxes paid in other countries);
late payment interest, penalties and fines paid to Romanian or foreign authorities and non-residents;
losses from reduction in the value of inventory and assets that have not been attributed to a
responsible person, including the corresponding VAT as applicable;
losses from write of a claim, with certain exceptions (bankruptcy, insurance contracts);
any expenses made in favor of shareholders or associates, other than those generated by payments
for goods and services at the market value;
insurance premiums that are not related to the taxpayers assets or its business scope, except for
rented and leased assets or assets used as collateral for a business-related loan;
insurance premiums and other employment-related expenses that are not taxable at the level of the
employee;
expenses related to non-taxable income with certain exceptions;
service expenses, including management and consultancy expenses, which cannot be supported by
written contracts and documents for their provision;
insurance expenses for assets which dont belong to the taxpayer;
impairment expenses related to the decrease in the value of fixed assets as a result of revaluation;
expenses recorded in accounting without a document;
sponsorship expenses (a tax credit is allowed for sponsorship expenses on meeting certain
conditions).
Sponsorship
4
a.
Fiscal deductions
fiscal depreciation
3.3.2 Thin capitalization rules (interest expenses and foreign exchange losses)
Usually, interest expenses incurred by companies (other than credit institutions) are subject to the
following limitations:
Debt-equity ratio interest expenses are deductible if the debt-equity ratio is not higher than 3. In
case such ratio is higher than the aforementioned limit or is negative, interest expenses are nondeductible for profits tax purposes and can be carried forward until they are fully deductible under
the same conditions.
Interest expenses for loans granted by companies other than financial institutions are deductible
based on the following limits:
- the reference interest rate of the NBR relating to the last month of the quarter, for loans
denominated in RON;
- the annual interest rate of 4% for loans in foreign currencies (the threshold can be updated
based on Government Decision).
The difference between foreign exchange losses and foreign exchange revenues related to longterm loans (over one year) is treated as interest expense and is subject to the debt equity ratio
limitation.
Interest expenses as well as foreign exchange differences related to loans obtained from Romanian
banks (including subsidiaries of foreign banks), leasing companies (for leasing operations) and other
legal entities allowed to grant loans according to the law are not subject to the thin capitalization rules.
Deductibility of interest expenses incurred by financial institutions is not limited based on the abovementioned rules.
Debt-equity ratio = Average of long term debts / Average of share capital
Example
A company owes interests to an entity, other than a bank or a credit institution in value of 9.400 lei.
The interest rate is with 3% higher than the reference interest rate of BNR (8,75%). The initial value of
the long-term debts is 100.000 lei, while their ending value is 140.000. The initial value of the share
capital is 20.000 lei, while their ending value is 30.000 lei.
The debt equity ratio = [(70.000 + 90.000)/2 ]/ [(20.000 + 30.000)/2 ] = 3,2
Interest at the BNR level = (9.400*8,75%) / 11,75% = 7.000 lei
Non deductible interest expenses = 9.400 7.000 = 2.400 lei
These expenses are reported in order to be recovered the next years when debt-equity ratio is lower
than 3.
The expenses related to the acquisition of patents, copyrights, licenses, trademarks or production
marks and other similar values shall be recovered through straight-line depreciation deductions over
the period of the contract or the period of use, as the case may be.
The expenses related to the acquisition or production of software shall be recovered through
straight-line depreciation deductions over a period of 3 years.
For patents, the declining balance method of depreciation or the accelerated method of depreciation
may be used.
The fiscal depreciation shall be calculated beginning with the month following the month in which the
depreciable fixed asset is put into use.
Exceptions:
Examples of useful lives (Catalogue for the classification and normal useful lives of fixed assets,
used for business purposes):
7
Years
8 to 60
2 to 24
2 to 15
3 to 9
The useful life for each type of asset is provided as an interval. Upon commissioning (putting into
function), the taxpayer is allowed to choose a useful life within such interval.
Patents, licenses, know-how, manufacturers brands, trademarks, as well as other similar industrial and
commercial property rights, are depreciated over the period provided for their utilization or the
contractual period, as the case may be.
Goodwill is not considered a depreciable asset for tax purposes.
Revaluation of fixed assets, performed in accordance with the accounting regulations, would be taken
into account for fiscal purposes.
Leasing contracts
Financial leasing
Operational leasing
The lessee shall be treated from a fiscal The lessor shall be treated from a fiscal viewpoint
viewpoint as the owner.
as the owner.
The lessee shall make the depreciation of the The lessor shall make the depreciation of the asset.
asset.
The lessee shall deduct the interest.
The lessee shall deduct the rent (lease installment).
In case the exemption method stipulated in the fiscal treaty, the profit is not taxed in
Romania.
External fiscal losses
Any loss realized through a permanent head office from abroad shall be deductible only from the
incomes obtained from abroad.
The losses registered through a permanent head office from abroad shall be deducted only from such
incomes, separately for each source of income. The uncovered losses shall be carried over and
recovered during the following 5 consequent fiscal years.
on a quarterly basis by the 25th inclusively of the first month following the end of quarters IIII Statement 100
Final tax assessments and payment of the profit tax related to the fiscal year in question shall be
carried out by 25 March inclusively of the following year Statement 101
The annual system:
Possibility of opting for reporting and paying the annual tax profit by means of early payments
made on a quarterly basis I-IV - Statement 100
9
The option shall be exercised at the beginning of the fiscal year => notification until 31 January
inclusively of the fiscal year in question.
Banking companies Romanian legal persons and Romanian branches of banks foreign legal
persons shall be required to report and pay the profit tax on yearly based on quarterly payments.
The deadline for making the annual payment shall be the deadline for filing the profit tax return
by 25 March inclusively of the following year.
Non-profit organizations shall be obliged to pay the profit tax on an annual basis until 25
February of the year following the year for which the tax is calculated.
Taxpayers that derive the majority of income from the growth of cereals and technical plantations,
fruit trees and vineyards are required to report and pay the profit tax annually, by 25 February of
the year following that of tax assessment.
With the annual profit tax declaration, the taxpayers shall be obliged to submit a declaration regarding
the payments and commitments to non-resident persons, which includes the purpose, the amount of
each payment, the name and address of the beneficiary. The amounts committed or paid for imported
goods or for international transport shall not be included in this declaration.
The taxpayers shall be responsible for the calculation of the profit tax.
Representative offices are taxed on a yearly basis at a lump sum of the RON equivalent of EUR 4,000,
payable in two equal installments.
Tax quota in
2015
Tax quota in
2016
- 16%
- 0% if certain conditions are met
- 5%
- 0% if certain conditions are
met
- 5% or
- the lower quota between the
10
Resident individuals
Non resident individuals
tax
tax
the
tax
are
Payment date:
by 25th of the month following the month when the dividend is paid.
by 25th of January of the next year, in case the allocated dividends have not been paid by the
end of the year in which they were distributed
*Exemption: Dividends paid by resident legal entities to their shareholders (i.e., Romanian legal
entities and EU resident legal entities) are exempt from withholding tax in Romania provided the
shareholders own a minimum 10% of the share capital of the Romanian legal entity for an
uninterrupted one year period ending at the date of dividend payment.
!! Payments made by a Romanian legal entity to any of its shareholders for goods or services provided
by the latter, in excess of the market value of the transaction, are assimilated to dividends from a tax
point of view. The same tax treatment will apply to payments made for supply of goods/services to be
used for personal purposes by the companys shareholders or associates.
Starting 2016, they will be reconsidered as revenues from other sources.
11
Conditions
No employee
1 employee
2 or more employees
24 For new founded companies if certain conditions are fulfilled:
1 employee
New shareholders
48 months of activity
Taxable base:
Revenues from any source
- Income related to the inventory cost (711)
- Income related to the costs of under progress services (712)
- Income related to the production of tangible and intangible assets (72)
- Income from subsidies (741, 7584)
- Income from provisions and adjustments for depreciation or impairment if expenses were not
deductible (781, 786)
- Income resulting from the reimbursement or cancellation of late payment interest and/or
penalties, that were not deductible expenses for taxable profit purposes (7581)
- Income earned from compensations from insurance/reinsurance companies, for damages to the
goods in the form of inventories or to own tangible assets (7581)
- Income from foreign exchange differences (765, 768)
- Financial income derived after settling receivables and debts in Lei at an exchange rate that is
different from the one at which it was initially derived (766)
- Commercial discounts granted subsequent to invoicing (709)
+ Commercial discounts received subsequent to invoicing (609)
+ Positive foreign exchange differences (in the IVth quarter) (765 + 768 665 668)
+ Reserves written off (for fiscal facilities, legal reserve) (D 106)
+ Retained earnings from reevaluation reserves (1175)
This regime is mandatory.
12
4418
Microenterprises income tax payable
The microenterprises, which are payers of the tax on incomes of microenterprises, shall no longer apply
such system of taxation beginning with the fiscal year that follows the year when the conditions are no
longer satisfied.
Exemption:
If during the year, a microenterprise derives revenues in excess of EUR 100,000 or derive income from
consultancy and management more than 20% of the total, such a microenterprise shall pay the profit
tax from the quarter the limis are exceeded.
Payment of tax and submission of tax statements
on a quarterly basis, until the 25th of the month following the quarter for which the tax is
calculated
100 Statement on the obligations to the state budget - by the time limit for the payment of
the tax.
13