Through a draft Order recently published in the Decision Transparency, the National Agency for Tax Administration (ANAF) proposes to complete the annex to the OPANAF no.1612/2018 for the approval of the Nomenclature of tax obligations to be paid in the single account.
This concerns the tax on income from the transfer of securities and from transactions with financial derivatives.
ANAF specifies in the Approval Report accompanying the draft normative act that, by OPANAF no.1612/2018, the tax obligations to be paid by taxpayers legal entities in the single account 55.03 “Amounts collected for the state budget, the state social insurance budget and the budget of the single national health insurance fund, in the process of distribution” were approved.
According to Law no.142/2022 amending and supplementing Law no.227/2015 on the Tax Code, starting from 1 January 2023, income in the form of gains from the transfer of securities and from transactions with derivative financial instruments is subject to withholding tax by applying a rate of 1% or 3% on each gain, depending on the holding period of the securities/derivative financial instruments (over a period of more/less than 365 days).
According to the provisions in force, the income tax calculated and withheld at source is declared and remitted to the state budget by the 25th inclusive of the month following the month in which it was withheld.
Taking into account the above-mentioned aspects and taking into account the fact that the Nomenclature of the payment obligations to the state budget, annexed to the form 100 “Declaration on the payment obligations to the state budget” has been completed according to the mentioned legal provisions, it is necessary to update the Nomenclature of the tax obligations to be paid to the single account, approved by the OPANAF no.1612/2018.
Thus, according to ANAF, it is necessary to introduce in the Nomenclature of tax obligations to be paid into the single available account 55.03 “Amounts collected for the state budget, the state social insurance budget and the budget of the single national social health insurance fund, in the process of distribution”, the tax on income from the transfer of securities and from transactions with derivative financial instruments.