Important fiscal measures

The Emergency Ordinance (OUG) no. 130/2021 regarding some fiscal-budgetary measures, the extension of some terms, as well as for the modification and completion of some normative acts was published in the Official Gazette no. 1202 of December 18, 2021.

Please note that the ordinance makes changes in several areas.

It is important to mention that, by the Emergency Ordinance 130/2021, the lowering of the limit for employment as a micro-enterprise was not regulated.

Initially (in the project) it was foreseen a decrease from 1,000,000 euros to 500,000 euros. Among the most important, we list:

  • Increasing the limit for gifts and non-taxable vouchers:

The value of gifts in cash and / or in kind is increased, including gift vouchers, which employers can offer and be non-taxable, from 150 lei to 300 lei. The rest of the conditions remain unchanged. • Gift vouchers can no longer be given to third parties.

  • Application of CASS to pension income exceeding 4,000 lei.

The measures regarding the social health insurance contribution due for the pension income exceeding the monthly amount of 4,000 lei are correlated with the provisions of the Fiscal Code regarding the calculation, withholding and declaration of obligations.

  • Changes regarding the CAS calculation base: The provision is introduced that the monthly basis for calculating social security contributions does not include the amounts representing interest and the update with the inflation index, established based on final and irrevocable court decisions / final and enforceable court decisions, including those granted according to the first decisions. courts, executors of law, or according to law, as the case may be, granted in connection with salaries, balances, pensions or other social insurance rights, including their differences.
  • Completion of categories exempted from CASS payment:

The list of persons exempted from CASS payment is completed: natural persons who have the quality of pensioners, for the incomes from pensions up to the amount of 4,000 lei per month inclusive, as well as for the incomes realized from intellectual property rights.

  • 5% VAT for thermal energy:

The measure of 5% VAT for thermal energy will enter into force earlier, respectively from January 1, 2022. In addition, the scope will be extended by including, in addition to the population, other categories of consumers with a low degree of affordability. At the same time, given the budgetary impact of introducing a reduced thermal energy, it is necessary to limit the application, only in the cold season, respectively for the period of 5 months between November 1 of the current year and March 31 of the following year.

  • 5% VAT for homes under 140,000 euros:

According to the amendments to the Fiscal Code, individuals will be able to purchase with a reduced VAT rate of 5%, in addition to homes with a maximum value of 450,000 lei, excluding VAT, and a single home, individually or jointly with another individual / other natural persons, whose value exceeds the amount of 450,000 lei, but does not exceed the amount of 700,000 lei, representing the equivalent in lei of approximately 140,000 euros.

Thus, the application is limited to a single home purchased by a natural person, individually or jointly with another natural person / other natural persons.

We mention that a Register is introduced in which all the transactions with housing that benefit from a reduced quota are registered, regardless of the value.

Based on this register, the fulfillment of the condition regarding the acquisition with a reduced VAT rate of 5% of a single home whose value exceeds the amount of 450,000 lei, but does not exceed the amount of 700,000 lei, excluding VAT, is verified.

  • Suspension of the granting of amounts for early education until 31.12.2022.
  • Facilities for nursery or kindergarten are suspended in 2022. The 1,500 lei facility for the nursery or kindergarten is still suspended (for the whole year 2022).

During the suspension period, in case of expenses for the operation of the nurseries / kindergartens under the administration of the taxpayers, the continuation of the applicable fiscal regime is established and during the suspension period regulated by the Government Emergency Ordinance no. 19/2021, respectively of social expenses deductible when calculating the fiscal result, within the limit of 5% applied on the value of the expenses with the salaries of the staff, according to Law no. 53/2003 – Labor Code.

  • The fine point remains capped at 145 lei in 2022.
  • Law no. 195/2020 on the status of railway staff enters into force in 2023 (extended).
  • The law on minimum inclusion income will be applied from September 1, 2023.
  • Special pensions for mayors will be suspended until January 1, 2023.
  • Re-incrimination of tax evasion.
  • Securities will be issued exclusively electronically.
  • e-Invoice for high tax risk products as well.

OUG 130/2021 provides for the establishment of urgent measures to strengthen the capacity to track and collect amounts due to the state budget for deliveries of products with high fiscal risk, by sending invoices in the RO e-Invoice system, by derogation from the provisions of Government Emergency Ordinance no.120 / 2021.

Thus, the suppliers can, between April 1 and June 30, 2022, send the invoices issued in the national system regarding the electronic invoice RO e-Invoice, regardless of whether or not the recipients are registered in the Register RO e-Invoice.

The suppliers are obliged, starting with July 1, 2022, to send the invoices issued in the national system regarding the electronic invoice RO e-Invoice, regardless of whether or not the recipients are registered in the Register RO e-Invoice.

The ANAF order must be issued within 30 days from the publication of the ordinance in the Official Gazette.