ERNST & YOUNG SRL

  |  2016-08-17

Legislative summary

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De minimis state aid schemes


During July 2015, the following normative acts in the field of the de minimis state aid schemes were published in the Official Gazettes:


 Order no. 696 / 2016 of the Vice Prime-Minister, Minister of Economy, Commerce and Relations with the Business Environment, for the approval of the Procedure for implementation of the de minimis state aid scheme within the Programme for the development of commerce with products and market services, published in the Official Gazette no. 509 / 6 July 2016;
 Order no. 695 / 2016 of the Vice Prime-Minister, Minister of Economy, Commerce and Relations with the business environment for the approval of the implementing Procedure of a de minimis state aid scheme within the national multiannual microindustrialisation Programme, published in the Official Gazette no. 511 / 7 July 2016;

 Order no. 694 / 2016 of the Vice Prime-Minister, Minister of Economy, Commerce and Relations with the Business Environment for the approval of the implementing Procedure of a de minimis state aid scheme within the national multiannual Programme for the setting-up and development of small and medium-sized enterprises in rural areas, published in the Official Gazette no. 513 / 7 July 2016;
 Order no. 851 / 2016 of the Minister of Agriculture and Rural Development amending the annex of the Order of the Minister of Agriculture and Rural Development no. 2112 / 2015 regarding the implementation of the de minimis state aid scheme „Aid granted for encouraging investments related to preserving the patrimony and for maintaining the traditions and spiritual heritage”, published in the Official Gazette no. 540 / 19 July 2016;
 Order no. 852 / 2016 of the Minister of Agriculture and Rural Development amending the annex of Order of Minister of Agriculture and Rural Development no. 1731 / 2015 regarding the implementation of the de minimis state aid scheme „Aid granted to microenterprises and small enterprises from rural areas for the establishment and development of non-agricultural economic activities”, published in the Official Gazette no. 543 / 20 July 2016;
 Order no. 859 / 2016 of the Minister of Agriculture and Rural Development amending the annex of Order of the Minister of Agriculture and Rural Development no. 285 / 2016 regarding the approval of the de minimis state aid scheme „Support for consultancy services for the implementation of investment projects, including in the fruit tree area, for the processing and marketing of agricultural products in order to obtain non-agricultural and fruit tree products”, implemented through the state aid scheme „Encouraging regional development through investments, including in the fruit tree sector, for the processing and marketing of agricultural products in order to obtain non-agricultural products”, related to the National Plan of Rural Development 2014 – 2020, published in the Official Gazette no. 568 / 27 July 2016.


Miscellaneous


EU Anti-Tax Avoidance Directive


(EU Council Directive 2016 / 1164 of 12 July 2016, Official Journal of the European Union no. L193 / 11 of 19.07.2016)
The Directive was developed based on the OECD recommendations of 2015 regarding the fight against base erosion and profit shifting.


Member States will have until 31 December 2018 to transpose the Directive into their national laws and regulations, with some exceptions.

 

Please refer to our Tax Alert no. 24 / 2016 for more details.


European Parliament and Council proposal for the amendment of EU Directive 2013 / 34
(Decision of the Romanian Senate regarding the European Parliament and Council proposal for the amendment of EU Directive 2013 / 34, Official Gazette no. 495 / 1 July 2016)

 

The proposal of the Directive is to impose multinationals to publish a report on the corporate income tax that they pay. Through this Decision, the Senate states that the proposal of the Directive meets the principles of subsidiarity and proportionality.


FATCA and CRS (Common Reporting Standard)


The Ministry of Public Finances published on 18 July 2016, under section ‘Decisional Transparency’ of its website, a draft Order that brings clarifications as regards the fulfillment of the obligation to provide financial information by financial institutions as per the international law legal instruments to which Romania adhered, respectively in the context of FATCA and CRS.


Please refer to the related Tax Alert for more details.


Amendments to the Law no. 321 / 2009 on food products trading


(Law no. 150 / 2016, Official Gazette no. 534 / 15 July 2016)


The Law brings significant changes for both the suppliers and the merchants involved in the food products trading industry.


Please refer to our Legal Alert no. 9 / 2016 for more details.


International Treaties


Amending protocol to the Romania - Uzbekistan Double Tax Treaty


(Source: IBFD website - http://www.ibfd.org/)


On 4 July 2016, Romania and Uzbekistan signed an amending protocol to the Romania - Uzbekistan Income and Capital Tax Treaty (1996). The protocol is not yet into force.


As a significant amendment the protocol introduces Article 27 on the assistance in the collection of taxes.


New Double Tax Treaty with China


(Source: IBFD website - http://www.ibfd.org/)


On 4 July 2016, China and Romania signed an income tax treaty in Bucharest. Once in force and effective, the new treaty will replace the previous treaty from 1991.


Agreement between Romania and Albania on social securities


(Order no. 852 / 2016, Official Gazette no. 539 / 18 July 2016)


The Order mentions that the Agreement between Romania and Albania on social securities signed at Bucharest on 27 February 2015 will enter into force as of 1 September 2016.


Agreement between the Government of Romania and the Government of the Isle of Man for the exchange of information relating to tax matters


(Law no. 161 / 2016, Official Gazette no. 575 / 28 July 2016)


The Law ratifies the agreement between the Government of Romania and the Government of the Isle of Man for the exchange of information relating to tax matters.

 

The Agreement was signed in London at 4 November 2015 and is applicable for income tax and corporate income tax of both states. However, it will also be applied to identical or significantly similar taxes established after the signing date, in addition to, or replacing the existing taxes.


The Agreement will enter into force on the thirtieth day after the later of the dates on which each of the parties has notified the other in writing that the procedures required by its law for the entry into force have been complied with.


Procedure for distributing or refunding in the accounts, respectively from the relevant budget accounts of the amounts cashed in the account 50.86.09 „Cash from amounts collected representing the damages caused and recovered in terms of art.10 of Law no. 241/2005”


(Order no. 2047 / 2016, Official Gazette no. 542 / 19 July 2016)


The Order implements the procedure applicable for situations where taxpayers are suspects or have been charged with criminal charges in cases of tax evasion, pay the damages in full, during the criminal investigation or judgment, by the first term of the judgment, as well as in cases where the court disposes the repayment of amounts paid as damages.


Commission for the review and resolution of debtors’ applications which request the settlement of certain tax liabilities, by transferring in the public property of the state of certain immovable goods


(Order no. 1054 / 2016, Official Gazette no. 565 / 26 July 2016)


The Order refers to the set-up of a Commission with the purpose of analyzing and solving the debtors’ requests which require the settlement of tax receivables, through the passing in the state public property of some immovable goods. It relates to immovable goods which make the subject of commissioning payment. Further on, the Order establishes the content and the regulatory framework governing the Commission.


Types of tax liabilities that can be paid by credit cards through POS terminals


(Order no. 943 / 2016, Official Gazette no. 501 / 5 July 2016)


The Order approves the types of tax liabilities that can be paid by card through POS terminals. The types of tax liabilities mentioned in the Order are inter alia: income tax (including income tax due from non-resident individuals), excise duty, social contributions, VAT.


The provisions of the Order apply only as follows:
a) to individuals identified on the basis of their personal identification number;
b) for paying the tax liabilities to the State Budget through the POS terminals available in the State Treasury’s territorial units.

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Scoring Methodology by ERNST&YOUNG


 
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