Tax inspection observations at a company whose activity is “Production of electricity”, CAEN code 3511.
Period checked: 01.01.2016 – 31.12.2021.
The principles of the observations of the tax inspection body were:
S.C. X S.A. did not take into account the related provisions on the limited deductibility of expenses for company shares. The audited company incurred expenses of a corporate expenditure nature, but did not determine the amount of the corporate expenditure exceeding the technically deductible limit, i.e. did not determine the amount of the non-deductible taxable expenditure affecting the taxable profit, generated by the exceeding of the corporate expenditure.
The tax inspection bodies have established for the period January 2016-December 2021 a total amount of x lei in VAT differences resulting from the expenses related to the “coal allowance” and the difference in the electricity tariff offered free of charge to pensioners. The pricing by a taxable person of movable property acquired or produced by him for the purpose of making it available free of charge to other persons is a transaction treated as a supply of goods for consideration. Therefore, for the allocation of coal and the difference in electricity tariffs offered free of charge to pensioners in the system, S.C. X S.A. was obliged to correct the value added tax.
With regard to social contributions related to severance payments granted to laid-off employees, the tax inspection body found that in the period 2016-2020 the measure of collective dismissal was applied for a number of x persons for which up to x lei/person was granted, paid in one instalment. The collective dismissal was at the initiative of the company, and the company’s income and expenditure budget included expenses for the payment of compensation related to the redundant staff.societății se cuprindeau cheltuielile cu plata compensatorilor aferente disponibilizatorilor de personal.
Thus, the tax inspection authority established that the compensation payments granted by S.C. X S.A. to persons made redundant through collective redundancies are income of a salary nature for which tax on income from salaries and social contributions is due.
Source: ANAF