Tax alert 13 – Tax Code Amendments Law no. 72/2018

Law no. 72/2018 for the approval of Government Ordinance no. 25/2017 for the amendment and completion of Law no. 227/2015 regarding the Tax Code

Corporate income tax

The deductibility limitation of the net loss resulted from assigned receivables to 30% of the value of such loss is introduced.

Also, the net loss is determined as the difference between the assignation price and the acquisition cost of the receivable, only if the assignee transfers the receivable.

Additionally, in the case of credit institutions, 70% of the difference between the value of the receivable transferred and the selling price are elements similar to revenues, provided that those receivables to be partially or fully covered by expected loss adjustments as well as when the receivables are written down in off balance accounts and then transferred.

Value added tax

The increase of the threshold for the special VAT exemption regime to 300,000 lei applies starting with 1 April 2018.

Income tax  

According to the ordinance, the following amendments should be considered regarding the rules for determining the annual net income from independent activities, based on accounting data:

  • Removal of the reference „according to Law no. 95/2006 regarding the health care reform” for the voluntary health insurance premiums and the introduction of medical services subscriptions, paid for the personal purpose of the taxpayer which fall within the category of deductible expenses within the limit of the equivalent in RON of EUR 400 per year for each person;
  • Introducing the medical services subscriptions costs as non-deductible expenses, other than those which are deductible expenses according to the Tax Code.

Also, the reference „according to Law no. 95/2006 on health care reform” for voluntary health insurance premiums and medical services subscriptions is excluded for salary income as well.

Social charges
Regarding the monthly base for which no social security contributions are due:
– The reference to Law no. 95/2006 on health care reform for voluntary health insurance premiums is removed;
– The medical services subscriptions are introduced.

 

Authors:

Arcadie Parfenie – Senior Manager, Corporate Income Tax

Cristina Galin – Senior Manager, Indirect Tax

Corina Mindoiu – Senior Manager, People Advisory Services

 

For additional information, please contact: 

Alex Milcev, Partner – Head of Tax & Legal

Email: office@ro.ey.com



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