(1) Taxpayers paying tax on profit, regardless of the system of declaration and payment provided by art. 41 of Law no.227 / 2015 on the Fiscal Code, with the subsequent amendments and completions, which pay the tax due for the first quarter of 2020, respectively for the advance payment for the same quarter, until the deadline of April 25, 2020 inclusive, benefit from a discount calculated on the income tax due, as follows:
- 5% for the large taxpayers established according to the Order of the President of the National Agency for Fiscal Administration no.609/2016 regarding the organization of the activity of administration of the large taxpayers;
- 10% for the medium taxpayers established according to the Order of the president of the National Agency for Fiscal Administration no.610/2016 regarding the organization of the activity of administration of the medium taxpayers, with the subsequent modifications;
- 10% for the other taxpayers who do not meet: a) and b).
Art.16
Except from the provisions of paragraphs (1) and (2), taxpayers who have opted, in accordance with the accounting law in force, for a financial year other than the calendar year may opt for the fiscal year to correspond to the financial year. The first amended fiscal year also includes the period prior to the calendar year between January 1 and the day before the first day of the modified fiscal year, which represents a single fiscal year. The taxpayers inform the competent tax authorities of the option for the modified fiscal year, within 15 days from the beginning of the modified fiscal year or from the date of their registration, as the case may be.
[extracted from the Fiscal Code]
(2)The provisions of paragraph (1) shall also apply to taxpayers who fall under the provisions of Article 16 (5) of Law no. 227/2015, as subsequently amended and supplemented. These taxpayers benefit from the allowance provided by paragraph (1) if they pay the tax due for the quarter / quarterly advance payment until the due date between April 25 and June 25, 2020.
(3) The provisions of paragraph (1) are also properly applied by the taxpayers who fall under the Law no. 170/2016 on the specific tax for certain activities, for the tax on profit for the first quarter of 2020, determined for the activities performed, other than those corresponding to the CAEN (Classification of Activities in the National Economy) codes provided by law.
(4) For the payment of the tax on the income of micro-enterprises for the first quarter of 2020, until April 25, 2020, taxpayers benefit from a 10% discount calculated on the tax due for that quarter.
(5)The taxpayers applying the provisions of paragraphs (1) to (4) determine the tax on profit / tax on the income of the micro-payment enterprises by deducting from the tax due the discount calculated according to this article.
(6)For the taxpayers of profit tax, the bonus calculated according to this article is distinctly included in the annual income tax return.
Art. 2
(1) By way of derogation from the provisions of art. 326 paragraph (3) and (4) of Law no. 227/2015 regarding the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 688 of September 10, 2015, as subsequently amended and supplemented, no effective payment is made to customs authorities by taxable persons registered for VAT purposes according to art. 316 of Law no. 227/2015, with the subsequent modifications and completions, which make imports, during the period for which the state of emergency was established according to Decree no. 195/2020, published in the Official Gazette of Romania, Part I, no. 212 of March 16, 2020, and within the next 30 calendar days from the date of termination of emergency, medicines, protective equipment, other medical devices or equipment and sanitary materials that can be used in the prevention, limitation, treatment and control of COVID-19 , set out in the annex which forms an integral part of this emergency ordinance.
(2) The customs authorities do not request payment of the value added tax for the imports mentioned in par. (1).
(3) The tax related to the imports provided in par. (1) made during the fiscal period is evidenced by the importers in the expense account provided in art. 323 of Law no. 227/2015, with the subsequent amendments and completions, both as a collected tax and as a deductible tax, within the limits and under the conditions established at art. 297-301 of Law no. 227/2015, as subsequently amended and supplemented.
Art. 3
By the certificate for emergency situations, issued according to the methodology approved by order of the Minister of Economy, Energy and Business Environment, it is stated, based on the declarations on their own responsibility, the decrease of the incomes or of the receipts by a minimum 25% in March 2020 compared to the average of January and February 2020 or the partial or total interruption of the activity as a result of the decisions issued by the competent public authorities during the established period state of emergency.