Tax & Legal Weekly Alert

Similar documents
Tax & Legal Weekly Alert

European Commission issues detailed technical proposal for definitive VAT system

Tax & Legal Weekly Alert

International Tax Romania Highlights 2018

International Tax South Africa Highlights 2018

International Tax Finland Highlights 2018

International Tax Colombia Highlights 2018

European Union alert ECOFIN reaches agreement on tax intermediaries directive / revises noncooperative jurisdiction list

Law regarding the Fiscal Code. Law no. 227/2015 published in the Official Gazette no. 688 of 10 September 2015

The latest and expected changes in Russian and U.S. Transfer Pricing legislation

Bulgaria. Tax&Legal Highlights November Tax legislation changes for 2019

Changes to Dutch Accounting Standards for micro-sized and small legal entities Changes to annual edition 2016

International Tax Albania Highlights 2018

France budget law enacted

IASB issues 2015 Amendments to the IFRS for SMEs

Global Transfer Pricing Alert

International Tax Spain Highlights 2018

International Tax Croatia Highlights 2018

Be in the Know. Tax & Legal February Special Customs Alert 0

Romania's New Fiscal Code

Professional Practice Department January 2016

International Tax Turkey Highlights 2018

International Tax Portugal Highlights 2018

Changes to Dutch Accounting Standards for medium-sized and large legal entities Changes to annual edition 2016

IASB issues exposure draft: Annual Improvements to IFRSs Cycle

IASB issues IFRIC 23 Uncertainty over Income Tax Treatments

International Tax Russia Highlights 2018

International Tax Lithuania Highlights 2017

International Tax Luxembourg Highlights 2018

Transfer pricing services. in Belarus A wind of change. Transfer pricing services

Change of VAT treatment of electronic services rendered by foreign suppliers

Brochure / report title goes here Section title goes here. Content

Serbia. Tax&Legal Highlights May International taxation

EU VAT Reform proposals 2017 A view from business perspective

International Tax Latvia Highlights 2019

Czech Republic. Tax&Legal Highlights June Interest in Trust Funds on the Rise

UK Indirect Tax Conference Environmental Tax Breakout Session

United States Tax Alert

To invest or not to invest. A view of pension fund investment into private equity instruments

Reference Interest Rate published by the National Bank of Romania

Changes to Dutch Accounting Standards for micro-sized and small legal entities Changes to annual edition 2017

International Tax Slovakia Highlights 2019

November The CPA and other market conduct legislation Decoding the overlap

Law Tax reform 2017 individual tax measures. Communication 3 October Deloitte Touche Tohmatsu Limited

Transfer Pricing breakfast briefing Committed to your success See Jee Chang, Tax Partner, Transfer Pricing Leader, Deloitte Singapore

Mexico substantially modifies transfer pricing adjustment rules. Global Transfer Pricing Alert

Poland. Tax&Legal Highlights February 2018

United Kingdom Tax Alert

Newsletter. APEX Team International

International Tax Egypt Highlights 2018

Changing the domestic financial services supervisory architecture Twin Peaks. Financial Sector Regulation Act

International Tax Greece Highlights 2018

Tax & Legal 30 November 2017

Irish Revenue release details on monitoring compliance with transfer pricing rules. Global Transfer Pricing Alert

International Tax Italy Highlights 2018

Mexico. Investment basics

Tax technology & Compliance. Technologies and business processes for tax management in Brazil

New laws mitigate tax penalties

The Kingdom of Saudi Arabia Excise Tax Implementing Regulations Issued by Board of Directors Resolution no of 5/9/1438

Changes to Dutch Accounting Standards for small legal entities Changes to annual edition 2015, including amendments to Title 9 Book 2 NCC

International Tax Chile Highlights 2018

Value Added Tax in the GCC Insights by industry Volume 3

Order of the president of the National Agency for Fiscal Administration no /2016 published in the Official Gazette no. 17 of 9 January 2017

International Tax New Zealand Highlights 2018

NEW END-OF-YEAR TAX LEGISLATION (2017) AMENDMENTS TO THE REGULATIONS ON A NUMBER OF TAXES

Accounting & Auditing News IFRS 15 Revenue from Contracts with Customers: Part 3L Impact on Power Sector

Headline Verdana Bold International Tax matters ICPAU Tax Seminar, Hotel Africana November, 2017

Tax Insights Risk assessment framework for related party financing

International Tax Indonesia Highlights 2018

BVS Seminar Draft Law / Royal Decree changing SIR regulatory framework

Accounting & Auditing News IFRS 15 Revenue from Contracts with Customers: Part 3N Impact on Chemicals Sector

Tax Seminar 2015 Know the rules, know your way ahead. December 15, 2015

International Tax Ukraine Highlights 2018

Analytical credit datasets: AnaCredit. Deloitte Insights: Analytical credit datasets AnaCredit

Canada Tax Alert. FCA limits scope of foreign affiliate antiavoidance. Paragraph 95(6)(b) International Tax. 25 April 2014.

CONSIDERATIONS APPLICABLE INTERNATIONAL ACCOUNTING REGULATIONS OF WAGES AND RELATED RIGHTS

Structural tax reforms approved after new law ratified by the Greek Parliament

GENERAL TERMS AND CONDITIONS OF PURCHASE applicable in Bury sp. z o.o. with its registered office in Mielec (Poland).

Colombia VAT. Types of indirect taxes (VAT/GST and other indirect taxes) General

International Tax Thailand Highlights 2018

International Tax Slovenia Highlights 2018

International Tax Saudi Arabia Highlights 2018

International Tax Greece Highlights 2019

General Terms and Conditions of Purchase

Tax status of Permanent Establishments

Tax Newsletter. No. 11 / 2005

Hungarian Government submits 2014 tax amendments to Parliament

RETURN ON TAXES DUE TO THE STATE BUDGET 100

Hong Kong. Investment basics. Currency Hong Kong Dollar (HKD) Foreign exchange control

Published on: December, Closing out 2015

European salary survey 2017 Highest professional income taxed more heavily. 8th edition December 2017 Appendix - graphs

China s SAT issues new rules to improve administration of special tax investigations and Mutual Agreement Procedures

French Parliament approves Finance Bill for 2018 and second Amending Finance Bill for 2017

Canada s federal budget affects back-to-back arrangements

Tax News Fiscal Package 2016

Limitations on government debt and deficits. Romanian aspects

International Tax Russia Highlights 2019

International Tax Israel Highlights 2018

Single-entry bookkeeping system

TAX CARD 2016 ROMANIA

Transcription:

Tax & Legal Weekly Alert 9 13 January 2017 In this issue: New Methodology for the computation of contributions, taxes, penalties and other amounts owed to the Environmental Fund entered into force On December 29, 2016, a new Methodology for the computation of contributions, taxes, penalties and other amounts owed to the Environmental Fund (the New Methodology ) was published in the Official Gazette of Romania and entered into force on the same day. The New Methodology was approved by Order of the Minister of the Environment, Waters and Forests No. 2413/2016 for the amendment of Order No. 578/2006 and was published in the Official Gazette of Romania No. 1064/2016. Extension of the application term for certain taxes within energy & resources sector The Emergency Ordinance no. 99/2016 published in the Official Gazette no. 1035/22.12.2016 extends the application term of certain taxes within energy & resources sector as set by Ordinance no. 5, 6 and 7 /2013 issued by the Romanian Government. Amendments to the Tax Code Law no. 227/2015 regarding the Tax Code was amended and suplemented according to Emergency Ordinance no. 3/2017 published in the Official Gazette no. 16 / 06.01.2017. Emergency Ordinance no. 3/2017 amends Title II "Income tax", III "Micro Enterprise Income Tax", IV "Personal Income Tax" and V "Mandatory Social Contributions". Law regarding the removal of fees and the amendment of certain laws Decision regarding the national minimum gross salary Tax & Legal Weekly Alert: 9 13 January 2017 1

New Methodology for the computation of contributions, taxes, penalties and other amounts owed to the Environmental Fund entered into force What does the New Methodology change? Most importantly, the New Methodology details the situations in which the new contributions introduced in June 2016 apply and the related procedures and supplements and tries to bring more clarity to the conditions which must be met for fulfilling individually the waste packaging recovery targets. Also as a novelty compared to the previous methodology, the New Methodology details the computation method of the penalty for failure to surrender annually greenhouse gas emission allowances and of the amount due for failure to fulfil the annual quota of acquisition of green certificates and the related procedures. Other modifications (mainly for clarification) concern the contributions for substances hazardous for the environment, waste tyres, waste oils and for failure of municipalities to meet the target for reducing the quantities of municipal waste landfilled. The novelties introduced by the New Methodology include, among others: In what regards the contribution for incomes related to revenues from the sale of goods intended for dismantling: the contribution of 3% of the revenues from the sale of goods intended for dismantling was removed. In what regards the contribution for waste landfilling: the recoverable waste storage tax due by the economic operators using new lands for landfilling will have to be declared and payed only for the storage carried out until 31 December 2016; starting 1 January 2017, the tax shall be due by the owners/ administrators of landfills (either new or not) for inert and nonhazardous waste and the computation basis for the tax is represented by the quantities of inert waste and non-hazardous waste, entrusted by a third party for final disposal in landfills. In what regards the contribution for packaging waste owed by responsible operators (not by operators authorized for the take-over of responsibility - OTRs): 1. Indicating the conditions which must be met for using packaging waste taken over from third parties (a possibility introduced in June 2016 but until now not reflected in the methodology for the computation of taxes and contributions owed to the Environmental Fund) for fulfilling, individually (not by transfer of responsibility to OTRs) the legal annual recovery targets, particularly: a contract governed by Law No. 249/2015 must be entered into with authorized waste collectors and recovery operators; the contract must provide expressly that the transactions are performed for fulfilling the operator s annual targets of recovery or incineration with energy recovery; the take-over of the packaging waste requires a service provided by the waste generators or holders, sorting stations, authorized collectors, which hand over the respective waste quantities for fulfilling the annual targets of the responsible operators. 2. The mandatory records on packaging and packaging waste which must be kept by operators which fulfil their targets individually must include additional information to that required until now, such as: date of introduction on the national market; dates of the transactions of the packaging waste resulting from the own activity; waste traceability records containing particular information per type of packaging material: identification data of waste generators/ collectors/ Tax & Legal Weekly Alert: 9 13 January 2017 2

sorting stations, identification data of all intermediaries and of the recovery operators / holders of incineration installations with energy recovery; quantities transactioned, distinctly for generators/ collectors/ sorting stations, intermediaries and recovery operators / holders of incineration installations with energy recovery and transaction dates. 3. Detailing and supplementing the conditions which must be met for accepting as recovered/ incinerated in incineration installations with energy recovery quantities of packaging waste for fulfilling the annual targets, such as: (a) existence of invoice for the recovery/ incineration of the waste, based on documents attesting the recovery; (b) the waste must be subject to a recovery/ recycling service provision, where the supplier is the recovery operators/ holder of incineration installation with energy recovery (for direct hand-over of own waste) or the entity administering the waste and the beneficiary is the responsible operator; (c) the mentioning by the collectors/ recovery operators in the contracts, fiscal documents and waste transport documents of the following information: if the hand-over of the waste is made for fulfilling the annual targets; the identification data of the operator whose annual targets are fulfilled; if a quantity of waste is meant for fulfilling the annual targets of more operators, the fiscal and transport documents must indicate the quantity transactioned for each operator, per type of packaging. 4. Traceability is fulfilled through documents dated until January 25th of the next year for the preceding year. 5. The contribution of 2 lei/kg will be paid for failure to fulfil the annual objectives for recovery / recycling for the corresponding quantities of packaging placed on the national market for which the responsibility was not transferred to the authorized economic operators or which were not declared under contracts of taking over the responsibility In what regards the contributions for packaging waste and waste tyres for OTRs: clarification of the conditions in which the contributions apply, including the records which must be held and conditions which must be fulfilled in order not to have to pay the contributions. In what regards the contributions for waste electrical and electronic equipment (WEEE) and waste batteries and accumulators, for both entities introducing such items on the market and, starting January 1, 2019, for OTRs: clarification of the conditions in which the contributions apply, including the records which must be held and conditions which must be fulfilled in order not to have to pay the contributions, the principles being generally similar to those applicable in what regards packaging waste. In 2017, monthly statements must be filled with AFM by the responsible operators (not OTRs) regarding the quantities of electrical and electronic equipment and batteries and accumulators introduced on the market, by the 25th of each month for the preceding month first statement is due by February 25th for January 2017. What does this mean for you? We recommend a review of the internal processes and procedures implemented in relation to obligations which (may) trigger contributions and other obligations to the Environmental Fund so as to ensure alignment with the newly-introduced requirements of the New Methodology and limit exposure. In the process, particular care and specialized legal and tax assistance are recommendable since the New Methodology is not entirely clear on certain aspects, particularly in what regards the requirements applicable to meeting individually the annual waste packaging recovery targets. Tax & Legal Weekly Alert: 9 13 January 2017 3

For further questions regarding the aspects mentioned in this alert, please contact us. Silvia Axinescu Managing Associate Reff & Associates +40 21 207 54 28 maxinescu@reff-associates.ro Ovidiu Balaceanu Managing Associate Reff & Associates +40 723 190 064 obalaceanu@reff-associates.ro Mihai Petre Senior Manager Tax +40 21 2075 344 mipetre@deloittece.com Tax & Legal Weekly Alert: 9 13 January 2017 4

Extension of the application term for certain taxes within energy & resources sector The term of application of the following taxes is extended up to 31 December 2017: Tax on natural monopoly within the electricity and natural gas sector, as regulated by Ordinance no. 5/2013 issued by the Romanian Government; Tax on income on exploitation activities of natural resources, as regulated by Ordinance no. 6/2013 issued by the Romanian Government; Tax on additional income obtained further to deregulation of natural gas prices, as provided by Ordinance no. 7/2013 issued by the Romanian Government. For further questions regarding the aspects mentioned in this alert, please contact us. Silviu Sandache Director + 40 (21) 2075 319 ssandache@deloittece.com Tax & Legal Weekly Alert: 9 13 January 2017 5

Amendments to the Tax Code The Emergency Ordinance no. 3/2017 provides amendments and supplements to the Fiscal Code, the most important of them are summarized below: Title II Corporate Income Tax A new provision was introduced whereby taxpayers exclusively engaged in innovation, research and development activities (defined as per the specific legislation in-force) are exempt from any corporate income tax obligations for the first 10 years of activity, while taxpayers already established at the date of entry into force of the present ordinance, for 10 years starting with the previously mentioned date. This exemption will operate subject to compliance with state aid regulations. Title III Micro Enterprise Income Tax OUG 3/2017 amended the maximum threshold value for a Romanian legal entity to qualify as a micro enterprise from EUR 100,000 to EUR 500,000. Also, in the case of micro enterprises that have employees, regardless of their number, the corporate income tax rate shall be 1%. Title IV Personal Income Tax Individuals who derive income from salary or salary assimilated income based on an employment contract, concluded for a period of 12 months with a Romanian company performing seasonal activities, in the HoReCa industry, should be exempted from paying salary income tax. The cost for the subscription to medical services, covered by employees can be deducted, together with the voluntary health insurance premiums, for the purpose of the salary income tax computation, within the annual threshold of EUR 400. Certain amendments were introduced with respect to the method for computing the tax due for income derived from the transfer of real estate personally owned. Title V Mandatory Social Contributions The provisions regarding the caps applicable for the pension contributions (due at the level of the employee and employer) and the cap applicable for the individual health insurance contribution were repealed for salary income, investment income and income from other sources; The health insurance contribution is no longer due for investment or other sources income, if the individual derives also other types of income, such as salary, income from independent activities or pensions. Entry into force The amendments mentioned above in title II and III are applicable starting with 6 January 2017, while amendments mentioned in title IV and V are applicable for the income derived starting with 1 February 2017. Tax & Legal Weekly Alert: 9 13 January 2017 6

Law regarding the removal of fees and the amendment of certain laws According to the Law no.1/2017 regarding the removal of fees and the amendment of certain laws, published in Official Gazette no. 15 / 06.01.2017, certain fees charged by public institutions were removed, including consular fees charged by consular offices from abroad and fees for obtaining the tax record. Entry into force The amendments mentioned above enter into force from 1 February 2017. Decision no. 1/2017 regarding the national minimum gross salary Starting with February 1, 2017, the national minimum gross salary is 1,450 lei per month. For further questions regarding the aspects mentioned in this alert, please contact us. Dan Badin Partner +40 21 2075 392 dbadin@deloittece.com Daniel Petre Director +40 730 585 836 dpetre@deloittece.com Radu Derscariu Senior Manager +40 21 222 16 61 rderscariu@deloittece.com Andreea Geacu Manager +40 730 077 891 ageacu@deloittece.com Tax & Legal Weekly Alert: 9 13 January 2017 7

This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms, or their related entities (collectively, the Deloitte Network ) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional advisor. No entity in the Deloitte Network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee ( DTTL ), its network of member firms, and their related entities. DTTL and each of its member firms are legally separate and independent entities. DTTL (also referred to as "Deloitte Global") does not provide services to clients. Please see www.deloitte.com/ro/about to learn more about our global network of member firms. Reff & Associates SCA is a law firm member of Bucharest Bar, independent in accordance with the Bar rules and represents Deloitte Legal in Romania. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. Visit the global Deloitte Legal website http://www.deloitte.com/deloittelegal to see which services Deloitte Legal offers in a particular country. Deloitte provides audit, tax, consulting, and financial advisory services to public and private clients spanning multiple industries. With a globally connected network of member firms in more than 150 countries and territories, Deloitte brings world-class capabilities and high-quality service to clients, delivering the insights they need to address their most complex business challenges. Deloitte s approximately 225,000 professionals are committed to making an impact that matters. 2017 Tax & Legal Weekly Alert: 9 13 January 2017 8