Last updated: 24 September 2024
Legal persons, self-employed persons (PFA), legal persons carrying out independent activities or liberal professions, including non-profit entities may benefit of the tax amnesty and the bonuses granted under the GEO no. 107/2024 for regulating some tax-budgetary measures regarding budget receivables, published in the Official Gazette no. 905/ 2024.
The tax amnesty may also benefit for the debtors declared insolvent under the law, the persons declared jointly liable under the Code of Fiscal Procedure or the Insolvency Law for budgetary obligations due by August 31, 2024, as well as the debtors undergoing insolvency or dissolution, under the legislation in force.
The normative act also provides the conditions they must fulfil and the procedure to follow by both the debtors and the tax authorities, the special procedure approved by the Order of the ministry of public finances no. 5.521 published in the Official gazette no. 944 of September 19, 2024.
The main measures for the business environment are the following:
1. 3% bonus for profit and microenterprise taxpayers
Legal persons profit taxpayers, irrespective of the system of declaration and payment, as well as microenterprises, benefit of a bonus of 3% of the annual profit tax and of the tax on the revenue of microenterprises pertaining to the fiscal year 2024.
In the case of fiscal groups, the bonus applies to the annual profit tax declared by the responsible legal person. The bonus is granted if the taxpayers submitted all the tax returns up-to-date, paid the profit tax in full and have no other outstanding obligations at the date of submission of the tax return.
The amounts accounting for bonuses are not paid back but setoff with other tax obligations due by the taxpayer. If there are no outstanding debts or they are not setoff outside the statutes of limitations, the taxpayer may apply for a refund.
2. Cancellation of interests, penalties, and ancillary obligations
GEO no. 107/2024 provides for the possibility to cancel interests, penalties and all ancillary obligations relating to the principal budgetary obligations outstanding on August 31, 2024.
Such cancellation is possible if the principal budgetary obligations are extinguished in full by any means provided under the Law no. 207/2015, until November 25, 2024.
Interests, penalties, and accessories pertaining to the budgetary obligations due by August 31, 2024, and extinguished up to that date can be cancelled if the principal obligations are paid by November 25, 2024, and all tax returns are submitted. The application for annulment of the ancillary obligations must be submitted by the same date, after fulfilment of these conditions.
For the payment obligations established under administrative acts of which enforcement is suspended under the law on August 31, 2024, included, the debtors may waive the effect of the suspension of enforcement of the administrative fiscal act to benefit of the cancellation of interests, penalties, and all accessories. In this case, the debtors must also submit a request for suspension of the administrative act prior to or at the date of submission of the application for cancellation of the accessories. Interests, penalties, and accessories pertaining to budgetary obligations due by August 31, 2024, established by an ongoing tax inspection, can be cancelled if the principal obligations are paid up within the legal payment deadline.
The application for cancellation of the accessories must be submitted in 90 days since communication of the tax decision.
The debtors benefitting of scaled payment of the tax obligations, both at the date of entering into force of the ordinance and those who are granted such scaled payment until November 25, 2024, can request the cancellation of interests, penalties, and accessories if scaling is completed by the date of the application for cancellation.
The accessories included in the instalments due after the entry into force of the GEO and by November 25, 2024, paid with the instalments, shall be refunded and the remaining accessories can be cancelled without being paid.
In the case of budgetary obligations overdue on August 31, 2024, included, due to the local budgets, the cancellation of interests, penalties and accessories pertaining to the principal budgetary obligations is at the discretion of the administrative territorial units, conditional upon such provisions be established under a decision of the local Council.
Interests, penalties, and accessories pertaining to the additional budgetary obligations disclosed by rectification tax returns, due by August 31, 2024, can be cancelled if such rectification is submitted between September 1 and November 25, 2024, and the obligations are paid up in full by this date.
3. Payment deferment for some accessories pertaining to the budgetary obligations
The payment of accessories pertaining to some principal budgetary obligations accounting for state aids to be recovered or funds due to the budget of the European Union cannot be deferred or cancelled if the institution or the public authority having sent the enforcement title to the tax body to recover such accessories must transfer them to the budget of the European Union.
4. Tax benefits for natural persons, PFA or persons carrying out independent activities or liberal professions
For budgetary obligations outstanding on August 31, 2024, the debtors, natural persons, can benefit of partial cancellation of the debts.
- Those with debts under 5,000 lei can benefit of the cancellation of 50% of the principal obligations if they pay the remainder of the debt by November 25, 2024, and of the cancellation of accessories.
- Those with debts over 5,000 lei can benefit of the cancellation of 25% of the obligations if they pay 75% thereof, and of cancellation of interests and penalties.
If the debtors fail to notify the tax body, the amounts paid in excess can be refunded in accordance with the law.