07
APR 2020
Please be informed that GEO 33/2020 regarding some fiscal measures and the modification of some normative acts published in the MO no. 260 / 30.03.2020 provides the following:
Granting a discount on the anticipated payment of the income tax / income tax on microenterprises for the first quarter of 2020 as follows:- Taxpayers paying corporate income tax, regardless of the declaration and payment system, who pay the tax due for the first quarter of 2020, respectively for the advance payment for the same quarter, up to the deadline of April 25, 2020, inclusive, benefit from a bonus calculated on the income tax due, as follows:
a) 5% for large taxpayers, established according to the Order of the President of the National Agency for Fiscal Administration (OPANAF) no. 3,609 / 2016 regarding the organization of the activity of administration of the large taxpayers;
b) 10% for the established medium taxpayers, according to OPANAF no. 3,610 / 2016 regarding the organization of the activity of administration of the medium taxpayers;
c) 10% for the other taxpayers who do not fit in the letters a) and b).
- The taxpayers who have opted for a different financial year from the calendar year also benefit from these bonuses, if they pay the tax due for the quarter/quarterly advance payment until the due date included between April 25 and June 25, 2020.
- The bonuses are applied accordingly to the taxpayers who fall under the Law no. 170/2016 regarding the specific tax for some activities, for the tax on profit for the first quarter of 2020, determined for the activities carried out, other than those corresponding to the CAEN codes provided by law. These are taxpayers who make income from activities other than those corresponding to the specific CAEN HoReCa codes and which, according to art. 10, para. 1 of Law 170/2016, applies the system of declaration and payment of the corporate tax.
- For the payment of the tax on the income of micro-enterprises for the first quarter of 2020, until April 25, 2020, taxpayers benefit from a 10% discount calculated on the tax due for the respective quarter.
- The taxpayers calculate their own bonus and subtract it directly from the payment amounts. Taxpayers must complete the bonus separately in the annual income tax return (Form 101).
Observation! Considering that the deadline for the declaration and payment of the corporate income tax and the micro tax for the first quarter (January to March) is April 25 and falls on a Saturday, the deadline is automatically postponed to April 27.
- By derogation from the provisions of the Fiscal Code, the effective payment is not made to the customs bodies by the taxable persons registered for VAT purposes according to art. 316 of the Fiscal Code, which imports, during the period for which the state of emergency was established and in the next 30 calendar days from the date of cessation of the state of emergency, medicines, protective equipment, other medical devices or equipment and sanitary supplies that can be used in the prevention, limitation, treatment and control of COVID-19.
- The customs authorities do NOT request the payment of value added tax for the imports mentioned above.
- The tax related to the imports mentioned above is highlighted by the importers in the VAT return (D300), both as collected tax and as deductible tax, within the limits of deductibility and under the conditions established in art. 297-301 of the Fiscal Code.
Special provisions regarding the emergency certificate
- By the certificate for emergency situations, issued according to the methodology approved by order of the Minister of Economy, Energy and Business Environment (MEEMA Order no. 791/2020), it is stated, based on the declarations on their own responsibility, the diminution of revenues or receipts with a minimum of 25 % in March 2020 by reference to the average of January and February 2020 or the partial or total interruption of the activity as a result of the decisions issued by the competent public authorities during the decreed state of emergency.
- Therefore, requesting the certificate of emergency situations (which is no longer necessary for the settlement of the technical unemployment allowance by those who interrupt the activity following the decisions of the public authorities, according to the amendments from GEO no. 32/2020 to GEO no. 30/2020) it is made on the basis of a statement on its own responsibility that results:
• either the decrease of revenues or receipts by a minimum of 25% in March 2020 compared to the average of January and February 2020;
• or either the partial or total interruption of the activity as a result of the decisions issued by the competent public authorities during the declared state of emergency.
The certificate of emergency situations issued according to the provisions of MEEMA Order no. 791/2020 can be requested online on the platform prevenire.gov.ro.
If you have questions please don’t hesitate to contact us.