We remind you that through the URGENT ORDINANCE no.130 on some fiscal-budgetary measures, extension of some deadlines, as well as for the modification and completion of some normative acts (published in the Official Gazette no.1202/18.12.2021), some modifications/completions were made to the Law no.165/2018 on the granting of value tickets.
- Value tickets are issued exclusively in electronic format.
- The costs of issuing vouchers are borne entirely by the employers.
Employers who contract with an issuing unit for the issue of vouchers shall pay both the nominal value of the vouchers distributed to employees and the cost of issuing the electronic medium.
- The costs of issuing vouchers are borne entirely by the employers.
Employers who contract with an issuing unit for the issue of vouchers shall pay both the nominal value of the vouchers distributed to employees and the cost of issuing the electronic medium.
- The nominal value of the securities issued to employees cannot be diminished in any way. • Electronic banknote support does not allow cash withdrawals or cash exchanges.
- The vouchers can be used only on the Romanian territory, within the validity term and only for the purchase of the goods and services for which they were issued.
- The electronic support can be fed exclusively with the nominal value of the securities granted to the employees, established according to the present law.
- Employers, together with legally constituted trade unions or, where a trade union is not formed, with employees’ representatives, agree on the categories of securities to be granted to employees, their frequency and their value, where applicable, and and the issuing unit.
Issuing establishments are obliged to send employers the list of establishments corresponding to the network used where employees can use the vouchers. In determining these establishments, account will be taken of the quality of the service and the low level of prices by means of minimum commercial mark-ups.
- The nominal value of the securities issued to employees cannot be diminished in any way.
- Electronic banknote support does not allow cash withdrawals or cash exchanges.
- The vouchers can be used only on the Romanian territory, within the validity term and only for the purchase of the goods and services for which they were issued.
- The electronic support can be fed exclusively with the nominal value of the securities granted to the employees, established according to the present law.
- Employers, together with legally constituted trade unions or, where a trade union is not formed, with employees’ representatives, agree on the categories of securities to be granted to employees, their frequency and their value, where applicable, and and the issuing unit.
- Each meal ticket is valid only if it has the following information written on the electronic support or stored in another way:
- a) the name and address of the issuer;
- b) the period of validity of the meal voucher;
- c) the prohibition of its use for the purchase of cigarettes or alcoholic products;
- d) the name, surname and personal number of the employee who is entitled to use the meal voucher.,
- The holiday voucher has a validity period of one year from the date of issue, without it being understood that this is the validity period of the electronic support.
- Gift vouchers are vouchers occasionally given to your employees for social expenses. It is forbidden to give gift vouchers to other categories of beneficiaries.
Therefore, gift vouchers are given electronically, differently from the salary card. The gift voucher is a valuable note given to the employee and the amount of money given on the salary card represents a cash gift, offered to the employee.
Please note that by EMERGENCY ORDINANCE 130/2021, the non-taxable limit not included in the calculation basis of contributions for gifts on the occasion of Christmas / Easter / March 8 and June 1 offered to employees and / or their minor children was increased from 150 lei / person to 300 lei / person. The new limit applies from 1 January 2022.
Thus, in the case of gifts in cash and / or in kind, including gift vouchers, offered by employers, income is non-taxable, as long as their value for each person, on each occasion below, does not exceed 300 lei:
- gifts given to employees, as well as those offered to their minor children, on the occasion of Easter, Christmas and similar holidays of other religious denominations;
- gifts given to employees on the occasion of March 8;
- gifts given to employees for the benefit of their minor children on the occasion of June 1.
Therefore, the gifts offered to employees and minor children on the occasion of Easter and Christmas as well as to employees on the occasion of March 8 and minor children on the occasion of June 1, in the amount of 300 lei, starting with 2022, are not taxable and taxable. income and social contributions if their granting is mentioned in the employment contract (individually or collectively) or in the internal regulations.
Gift vouchers given to employees on occasions other than those mentioned above are taxable income taxable with income tax and social contributions related to income from salaries just like any other salary income, starting with the income related to January 2022.
Thus, only the equivalent value of the gift vouchers issued and granted according to the law, within the limit of 300 lei are excluded from the calculation base of the tax and of the obligatory social contributions.
Legal basis:
-Tax Code (approved by Law no.227/2015, published in the Official Gazette no.688 of 10.09.2015), with subsequent amendments and additions;
-Law 165/2018 on the granting of value tickets;
-EMERGENCY ORDINANCE 130/2021 on some fiscal-budgetary measures, extension of some deadlines, as well as for the amendment and completion of some normative acts;
-Methodological Norms for the application of the Tax Code (approved by HG no.1/2016).