By Law no. 296/2020 for the amendment and completion of Law no. 227/2015 on the Fiscal Code, Article 114 paragraph (2) of the Fiscal Code was supplemented with a letter (n) according to which securities in the form of gift vouchers granted on the basis of nominal records to other categories of beneficiaries are considered income from other sources according to the provisions of Law no. 165/2018 on the granting of securities, with subsequent amendments and completions, for marketing campaigns, market research, promotion on existing or new markets, for protocol, for advertising and publicity. The nominal record must include, at least, information on the name, surname, personal numerical code/tax identification number of the beneficiary, and the value of the vouchers granted to each beneficiary, on a monthly basis
Gift vouchers are taxed at a rate of 10% on gross income, by withholding tax at the time the income is granted by the income payers.
We remind you that, according to art.115 of the Fiscal Code approved by Law no.227 / 2015 with subsequent amendments and completions, any income found by the fiscal bodies, under the conditions of the Fiscal Procedure Code, whose source has not been identified is required with a quota of 16% applied on the adjusted taxable base. Through the taxation decision, the tax authorities will establish the amount of the tax and the accessories.