LEGISLATIVE NEWSLETTER 9 / 2009
Includes
I. The Government Decision no. 448/2009 - for completing the Methodological Norms for applying Law no. 571/2003 on Fiscal Code, approved by Government Decision no. 44/2004
Presents the rules for the application of regulations Emergency Ordinance no. 34/2009 amending the Tax Code.
In applying the provisions of art. 18, paragraph (2) of the Tax Code on minimum tax, taxpayers will have the following:
a) calculation of tax related quarter / year under Title II of the Tax Code,
b) allocation to the portion of total annual revenue in art. 18. (3) of the Tax Code based on the total annual income recorded on December 31 of last year, less income in art. 18. (4) of the Tax Code,
c) establishing a minimum annual tax / payable quarterly tranche corresponding total annual income, determined under subparagraph. b)
d) comparing tax quarterly / annual tax minimum quarterly / annually and pay tax at the higher amount.
Example I
A company determined to end the quarter II tax in the amount of 250 lei. For allocation to the art. 18. (2) the taxpayer takes into account the total income reported on 31 December 2008, resulting in a minimum tax in the amount of 2200 lei corresponding tranche of the total annual income in the amount of 40,000 lei. For the period 1 May 2009-30 June 2009 quarter from the second minimum tax is calculated accordingly by dividing the tax year at least 12 months and multiplied by 2 (May and June), as follows: (2.200/12) x 2 = 367 lei. Given that the tax due for quarter II is the sum of 250 lei, and minimum tax computed for the same period is 367 lei, the taxpayer is required to pay a minimum tax in the amount of 367 lei .
Example II
A company led to the end of the quarter the second income tax in the amount of 500 lei. For allocation to the art. 18. (2) the taxpayer takes into account the total income reported on 31 December 2008, resulting in a minimum tax in the amount of 2200 lei corresponding tranche of the total annual income in the amount of 50,000 lei. For the period 1 May 2009-30 June 2009 quarter from the second minimum tax is calculated accordingly by dividing the tax year at least 12 months and multiplied by 2 (May and June), as follows: (2.200/12) x 2 = 367 lei. Given that the tax due for quarter II is the sum of 500 lei, and minimum tax computed for the same period is 367 lei, the taxpayer has the obligation to pay tax amounting to 500 lei.
- For finalizing tax aferent IV quarter century of 2009, the tax calculated cumulatively from the beginning of reduced tax corresponding previous period, including the minimum tax due, if any, to the minimum tax payable in the fiscal year.
Example III
A company recorded a loss at the end of fiscal quarter I and II. For allocation to the art. 18. (2) the taxpayer takes into account the total income reported on 31 December 2008, resulting in a minimum tax in the amount of 6500 lei corresponding tranche of the total annual income in the amount of 300,000 lei. For the period 1 May 2009-30 June 2009 quarter from the second minimum tax is calculated accordingly by dividing the tax year at least 12 months and multiplied by 2 (May and June), as follows: (6.500/12) x 2 = 1083 lei. Therefore, for the II quarter century due to the minimum tax in the amount of 1083 lei. Tax on profits accumulated from the beginning of the year is the amount of 6000 lei. To determine tax due for the quarter of the third following calculation is carried out: 6,000 - 1,083 = 4,917 lei. It compares the tax corresponding quarter of the third, the amount of 4917 lei, with corresponding minimum tax this period (6500 / 12) x 3 = 1,625 lei and tax due. The closure of the financial year 2009, taxpayer tax loss record. Therefore, for the IV quarter century due to the minimum tax amount of 1625 lei. In this case, the tax is recoverable tax due during the year less the minimum tax
- Tax corresponding quarter / year is calculated according to the provisions of Title II of the Tax Code, including those relating to recovery of tax loss under art. 26 of Title II "Profit Tax".
Example IV
A company registered at the end of fiscal 2008 loss in the amount of 700 lei. During 2009 the company recorded in the fiscal first quarter loss and the quarter II has a taxable profit in the amount of 13,200 lei. Income tax related quarter II = (13.200-700) x 16% = 2000 lei for allocation to the art. 18. (2) the taxpayer takes into account the total income reported on 31 December 2008, resulting in a minimum tax in the amount of 2200 lei corresponding tranche of the total annual income in the amount of 35,000 lei. For the period 1 May 2009-30 June 2009 quarter from the second minimum tax is calculated accordingly by dividing the tax year at least 12 months and multiplied by 2 (May and June), as follows: (2.200/12) x 2 = 367 lei. Given that the tax due for quarter II is the sum of 2000 lei, and minimum tax computed for the same period is 367 lei, the taxpayer is required to pay a tax amounting to 2000 lei.
1. vehicles used exclusively for intervention, repair, safety and security, courier services, transport staff to and from the place of work, and vehicles specifically adapted for use as a story which, vehicles used by sales agents and staff recruitment employment
2. vehicles used to transport persons for remuneration, including the cab
3. vehicles used for hire by other persons, including training activities in schools drivers.
Methodological standards:
492. The terms and expressions in art. Article 21. (4). t) section 1 shall have the meanings provided in section 451 of the methodological information pursuant to Article. Tax Code of 1451, Title VI of the "value added tax".
"1. After paragraph 571 insert a new paragraph, paragraph 572, with the following wording:"
Tax Code (51)
The exception to the paragraph. (5) reserves from revaluation of fixed assets, including land, after 1 January 2004, which are deducted in calculating taxable profits through depreciation tax or expenditure on leased assets and / or scrapped, with the tax depreciation deduction tax and decrease the time management of these assets, as appropriate.
Methodological standards:
572. Not covered by the provisions of art. Article 22. (51) of the Tax Code reserves representing surplus achieved in the revaluation reserve of fixed assets, including land, after 1 January 2004, the existing balance in the account "1065" on 30 April 2009 inclusive, which were deducted from calculating taxable profits. These reserves are taxed at their destination amendment under art. Article 22. (5) of the Tax Code.
"1. After paragraph 39 insert a new paragraph, paragraph 391, with the following contents: "
"Tax Code:
Article 48. [...] Para. (7) [...] L1) between 1 May 2009-31 December 2010, expenditure on fuel for road motor vehicles which are used exclusively for road transport people with a maximum weight of not more than 3500 kilograms and not more than 9 passenger seats, including driver's seat, unless the vehicles entered in any of the following categories:
1. vehicles used exclusively for intervention, repair, safety and security, courier services, transport staff to and from the place of business, and vehicles specifically adapted for use as a story which, vehicles used by sales agents and staff recruitment employment,
2. vehicles used to transport persons for remuneration, including the cab
3. vehicles used for hire by other persons, including training activities in schools drivers.
Methodological standards:
391. The terms and expressions in art. 48 para. (7). L1) point 1 shall have the meanings provided in section 451 of the methodological information pursuant to Article Tax Code of 1451, Title VI of the "value added tax".
"1. After paragraph 45 insert a new paragraph, paragraph 451, with the following contents:
"Tax Code:
Limitations on special right to deduct
Art 1451. - (1) When road motor vehicles which are used exclusively for road transport of persons, with a maximum weight of not more than 3500 kilograms and have no more than 9 passenger seats, including driver's seat, do not deduct the value added tax relating to procurement of such vehicles and any related tax for purchases of fuel used for vehicles that have the same characteristics, owned or in use by the taxable person, except vehicles that fall into any of the following categories:
a) vehicles used exclusively for intervention, repair, safety and security, courier services, transport staff to and from the place of business, and vehicles specifically adapted for use as that report, the vehicles used by sales agents and agents for the recruitment of labor;
b) vehicles used to transport persons for remuneration, including the cab
c) vehicles used for the provision of payment services, including rental to others, training for the school driver, use the transmission in a leasing contract financial or operational
d) vehicles used for commercial purposes, or for the purpose of resale.
(2) The purchase of vehicles under paragraph. (1), means buying a vehicle in Romania, intra-Community acquisition or importation of the vehicle.
3) The provisions of paragraph. (1) and (2) shall not apply to advances that have been paid before 1 May 2009 for the total or partial road motorized vehicles, if delivery occurs after 1 May 2009 inclusive.
(4) The provisions of this Article shall apply until 31 December 2010 inclusive.
(5) For vehicles exempted under paragraph. (1) will apply the general rules of deduction laid down in art. 145 and art. 146-1471.
Methodological standards:
In application of Article 1451. (1). a) of the Tax Code, the words and phrases below have the following meanings:
a) vehicles used exclusively for repairs and / or intervention means vehicles can be equipped or not with specific equipment, specialized personnel serving in order to repair the goods, such as and those used for the movement intervention in actions
b) vehicles used exclusively for safety and security vehicles are used to ensure the safety objectives, values and property against any unlawful action which put in danger the ownership, the existence of material, and protect people against any hostile acts which may endanger life, physical integrity or health, according to Law no. 333/2003 concerning the security goals, assets, and protection of values, with subsequent amendments;
c) vehicles used exclusively for courier vehicles is designed to receive, transport and distribution of letters, packages and package
d) vehicles used solely as the the story is wheeled vehicles specially equipped to accommodate specific equipment for audio-video transmission or complex video, audio and / or data through radio waves or optical media, able to carry out production of television or radio or recorded broadcast or transmit remote technology Radio Frequency (satellite transmission) or fiber optic signal production of television or radio to report that other or to a headquarters or broadcasting;
e) vehicles intended exclusively for use by sales agents representing the vehicles used in the context of a taxable person by its employees which deals mainly with the market, activity merchandising, negotiating terms of sale, conduct the sale of goods, providing service and monitoring customers. Tax deductibility is limited to one vehicle used by each sales agent. In this category include vehicles and test-drive the used car dealers
f) vehicles used exclusively for transporting personnel to and from the place of business is the employer's vehicles used to transport employees for the purpose of economic activity to and from their residence / place mutually agreed on the premises and the employer or the employer's premises at the place where work is carried out effectively or to and from resident employees / place mutually agreed to place of work when there are difficulties obvious to find other means of transport and there is a collective agreement between employer and employee by the employer is obliged to ensure that free transport,
g) vehicles used exclusively by staff recruitment employment are vehicles used in the work placement agencies employment by the staff that deals primarily with the recruitment and employment. Tax deductibility is limited to one vehicle used by each recruitment of labor.
1. For the purposes of art. Article 1451. (1). c) of the Tax Code, by vehicles used for services with payment means vehicles which contribute essentially to the direct provision of services and payment services that can not be made.
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