G.E.O. no. 48/2020

Legislation News no. 34/17.04.2020: 

G.E.O. 48/2020

Amendments brought to specific legislation

Law no. 227/2015 regarding the Tax Code — Amendments
For micro-companies, it is clarified that taxpayers can claim the tax benefits related to sponsorships granted to public institutions even if these are not registered in the Registry for entities/units of worship.
Benefits in kind granted to employees who are under preventive isolation at their workplace and whose jobs are considered essential for the business activity by their employer are non-taxable and are not included in the computation base of the social security contributions.
New regulations are introduced with regards to the valuation of excisable goods (alcohol, alcoholic drinks, and energy products) which were seized by the state, according to the legislation in force or which are subject to a foreclosure procedure. These new regulations are correlated with the modification of G.E.O. no. 1/1990 regarding the state of emergency.
The tax and social security contributions exemptions mentioned under articles 60, 138 and 145 par. (1) of Law no. 227/2015 are not applicable to allowances granted from the unemployment budget or the state budget during the state of emergency starting with April 2020, according to the provisions of art. XI par. (1) and art. XV of G.E.O. 30/2020 and art. 3 of Law no. 19/2020.
Law 132/1997 regarding the requisition of goods and services for public interest — Amendments
New provisions are introduced regarding the requisition of alcohol, alcoholic drinks and energy products as well as the equipment and materials needed for their transport and storage.
G.E.O. 33/2020  — Amendments
During the state of emergency and 30 more days after its end, no VAT payments will be effectively made at customs for imports of medicine, protective equipment, machinery for the production of face masks, other devices or equipment and sanitary supplies. A list of eligible goods is included in the annex of the ordinance.
During the state of emergency importers who have a final user authorization will not effectively pay VAT payments at customs for imports of denaturated alcohol used for the production of disinfectants.
The VAT which was not effectively paid at customs has to be reflected in the VAT returns both as input and output VAT.
G.E.O. 110/2017 regarding the SMEs aid programme — Amendments
The administration commision is changed.
G.O. 77/2009 on the organization and operation of gambling activities, approved by Law no. 246/2010  — Amendments
Specific derogations are introduced to the normative acts which regulate the payment of licensing and authorization fees.
Law no. 170/2016 regarding the specific tax — Amendments
Taxpayers do not owe the specific tax over the period when their activity was shut down during the state of emergency if the following conditions are all met:
— their activity is partially or completely shut down;
— they are not subject to an insolvency procedure;
— they have obtained the state of emergency certificate.
G.O. no. 10/2015 regarding the tax receipts lottery — Amendments
Monthly draws are suspended during the state of emergency and will be reinstated 90 days after the end of the state of emergency.
Law no. 207/2015 regarding the Tax Procedure Code — Amendments
Notwithstanding the provisions of Law. 207/2020, VAT will be reimbursed directly without prior inspection; the inspection procedures will be performed afterward. There still are some situations when this derogation is not applicable.
Accounting law. no. 82/1991, republished — Amendments
The deadlines for submission of the 2019 financial statements and financial reports as of December 31, 2019, are extended until July 31, 2020.
* This info represents a brief presentation of the most recent legal developments and is not to be treated as consultancy. RSM Romania is not responsible for the use of this information without prior advice.