{"id":2390,"date":"2016-06-08T18:39:06","date_gmt":"2016-06-08T15:39:06","guid":{"rendered":"http:\/\/www.contexpert.ro\/?p=2390"},"modified":"2016-06-14T15:55:12","modified_gmt":"2016-06-14T12:55:12","slug":"regimul-microintreprinderilor-a-fost-complicat-excesiv-dar-a-adus-avantaje-fiscale-minore","status":"publish","type":"post","link":"http:\/\/www.contexpert.ro\/en\/ultimele-stiri\/regimul-microintreprinderilor-a-fost-complicat-excesiv-dar-a-adus-avantaje-fiscale-minore","title":{"rendered":"The fiscal regime for microenterprises has been complicated, but offers minor tax advantages"},"content":{"rendered":"<p>Although it is supposed to be the easiest to understand and apply tax system, because it addresses to small businesses, the fiscal regime for the microenterprises has become more complicated this year because of conditioning the tax rates on the number of employees but also of the amendments to the tax base.<\/p>\n<p>The effective advantages, in terms of savings due to a lower tax rate, for example of 1%, are minor, because the reduced tax rate on the company income is compensated by higher taxes paid for two full time employees.<\/p>\n<p>If we take into account the increase of the minimum wage since May, we observe that the company has to pay taxes of 1,226 lei, monthly, for two employees, with 212 lei more than in January-April 2016.<\/p>\n<p>If a company plans to hire one or two employees strictly in order to obtain a reduced rate of taxation, it has to notice that the total taxes related to the employees summed up with the tax on the income of micro enterprises does not represent a more advantageous taxation compared to the rate of taxation applied to the companies without employees.<\/p>\n<p>On the other hand, we must point out the fact that changing the number of employees means, automatically, in addition to switching to a different tax rate, more bureaucracy (tax returns, changes in Revisal etc). So personnel fluctuations may affect the business and it is fairly common.<\/p>\n<p><strong>What are the tax rates?<\/strong><br \/>\n\u2022 1%\u00a0 &#8211; at least two employees or startups with an employee<br \/>\n\u2022 2% &#8211; with one employee<br \/>\n\u2022 3% &#8211; without employees.<\/p>\n<p>The tax rates apply &#8211; depending on the evolution of the number of employees &#8211; in the quarter in which the change is made.<\/p>\n<p>For enterprises that have one or two employees, whose employment relationship ends, the condition relating to employees is considered fulfilled if during the same quarter new employees are employed. To maintain or change tax rates, new employees must have individual labor contracts of indefinite duration or determined at least 12 months.<\/p>\n<p>The employee is the person employed with full time by individual labor contract, according to Law no. 53\/2003 &#8211; Labor Code. However, the condition is considered fulfilled in the case of micro-enterprises which:<\/p>\n<ul>\n<li>have employees with part time individual contract if the summed up fractions represent a full time contract<\/li>\n<li>have management or mandate contracts remunerated with at least the minimum gross wage<\/li>\n<\/ul>\n<p>As an exception, the 1% rate applies in the first 24 months from the registration date for the micro-enterprises:<\/p>\n<ul>\n<li>Start up<\/li>\n<li>with at least one employee<\/li>\n<li>constituted for a period of at least 48 months<\/li>\n<li>partners \/ shareholders did not hold units in other legal entity<\/li>\n<\/ul>\n<p>The 1% rate is maintained within 24 months if the company is not in one of these situations in the first 48 months from registration date:<br \/>\n\u2022 voluntary liquidation by the decision of the General Assembly, according to the law;<br \/>\n\u2022 dissolution without liquidation, according to the law;<br \/>\n\u2022 temporary inactivity, according to the law;<br \/>\n\u2022 declaration that the activities are not taking place at the registered office \/ headquarters;<br \/>\n\u2022 capital increase due to the contributions of\u00a0 new shareholders \/ partners;<br \/>\n\u2022 shareholders \/ associates sell \/ assigns \/ change the units held.<\/p>\n<p>The condition regarding the employee must be fulfilled in the first 60 days from the registration date of legal entities.<\/p>\n<p><strong>What are the conditions for micro?<\/strong><br \/>\n\u2022 have incomes from other\u00a0 sources than\u00a0 banking, insurance and reinsurance, capital market, gambling activities or activities of exploration, development and exploitation of oil and gas deposits;<br \/>\n\u2022 incomes from other sources than consulting and management, in a proportion of at least 80% of total revenue;<br \/>\n\u2022 incomes do not exceed the RON equivalent of EUR 100,000;<br \/>\n\u2022 share capital is held by other\u00a0 persons than the state and local authorities;<br \/>\n\u2022 it is not in liquidation, registered in the Trade Register or the courts.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>What is the tax basis?<\/strong><\/p>\n<p>It consists of income from any source, minus:<\/p>\n<ul>\n<li>the costs of the stocks of products<\/li>\n<li>cost of services in execution;<\/li>\n<li>production of tangible and intangible assets;<\/li>\n<li>grants;<\/li>\n<li>provisions and adjustments for depreciation or impairment;<\/li>\n<li>restitution or cancellation of interest and \/ or late fees that were non-deductible in calculating taxable profit;<\/li>\n<li>compensations from insurance \/ reinsurance for property damage such as stocks or own tangible assets;<\/li>\n<li>exchange rate differences;<\/li>\n<li>revenues related to financial assets and liabilities with a settlement for foreign currencies resulting from assessment or settlement thereof;<\/li>\n<li>value of sales rebates granted after invoicing;<\/li>\n<li>revenue bond payment obtained by the persons entitled by law;<\/li>\n<li>compensation received based on the decisions of the European Court of Human Rights;<\/li>\n<\/ul>\n<p>Add to the tax base:<\/p>\n<ul>\n<li>the value of trade discounts received after invoicing;<\/li>\n<li>in the fourth quarter or the last quarter of the reporting period, the favorable difference between income from exchange rate differences \/ financial income recorded as a result of settlement of receivables and liabilities in lei according to an exchange rate different from that to which they were initially recorded and expenses from exchange rate differences \/ financial expenses related cumulative registered early.<\/li>\n<li>reserves, except those representing tax incentives, reduced or canceled, representing the legal reserve, reserves from revaluation of fixed assets, including land, which were deducted from taxable income and not taxed during the period the microenterprises were taxed on profits;<\/li>\n<li>reserves representing tax breaks<\/li>\n<\/ul>\n<p>The acquisition value of cash registers shall be deducted from the taxable base, according to documentary evidence, in the quarter in which they were put into operation.<\/p>","protected":false},"excerpt":{"rendered":"<p>Although it is supposed to be the easiest to understand and apply tax system, because it addresses to small businesses, the fiscal regime for the microenterprises has become more complicated this year because of conditioning the tax rates on the number of employees but also of the amendments to the tax base. The effective advantages, [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[3],"tags":[35,646,182,647,529],"_links":{"self":[{"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/posts\/2390"}],"collection":[{"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/comments?post=2390"}],"version-history":[{"count":0,"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/posts\/2390\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/media?parent=2390"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/categories?post=2390"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.contexpert.ro\/en\/wp-json\/wp\/v2\/tags?post=2390"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}