Main legislative changes of October 2022

1. Deductions for R&D expenses in the computation of corporate income tax 

In the Official Gazette no. 967 of 4 October 2022, it was published the Order of the finance minister and the Minister of research, innovation and digitization no. 3.265/21.453/2022 modifying the rules in respect to preferential treatment of R&D expenses when computing the corporate income tax. Thus, according to this normative act, starting 1st of January 2023, the changes below will come into force. 

 

✓ There are changed the conditions that must be fulfilled so that R&D activities are eligible for a preferential tax treatment: the definition of the R&D project and the categories of the results of the R&D activity are clarified; the list of elements through which the project is identified is extended; it is changed the list of applicative research and/ or technological development. 

 

✓ It is established a group of experts registered in the National Register of Experts for the certification of R&D activity. To classify the projects and activities as eligible for the tax incentives provided by the Tax Code, the taxpayer may request certification of the activity by an expert included in the above-mentioned register. By exception, large taxpayers must request this certification. For R&D projects and activities financed from national and international public funds, this certification is not required. 

 

In the Official Gazette no. 1051 from 31st October 2022, it was published also the Order no. 21.578 from 2022 of the Minister of research, innovation and digitization in respect to approving the establishment of the National register of experts for certifying the activity of R&D activity – REXCD, of the Methodology of selection of the experts and of the Methodological norms in respect to the expertise in view of the certification of the activity of R&D activity.

 

2. Intrastat treshholds

In the Official Gazette no. 1044 from 28th October 2022, it was published the Order of the National Institute of Statistics no. 1493/ 2022 in respect to Intrastat thresholds for collecting statistical information for the commerce of goods within the EU in the year 2023. Through this normative act, there are increased the Intrastat thresholds for collecting statistical information for commerce of goods within the EU for the year 2023 from RON 900.000 to RON 1.000.000 for goods dispatches and introduction of goods.

 

3. E-Invoice

On 3rd October 2022, the tax authorities published on their site an informative document that includes a series of questions and answers in respect to E-invoice system.

 

4. Contribution to the Energy Transition Fund

In the Official Gazette no. 1037 of 25th October 2022, it was published the Order no. 1843/2022 approving the Procedure for the submission of the affidavit in relation to the method of payment of the contribution to the Energy Transition Fund and the establishment and execution of the guarantee by the nonresident entities that perform transactions on the Romanian energy market.

 

5. Form 179 "Statement in respect to compensation of fuel”

In the Official Gazette no.1000 of 14 October 2022, it was published the Order No. 1797/2022 modifying the model and content of the statement 179 "Statement in respect to fuel compensation”. Thus, starting 14th October 2022, it is extended the list of the economic operators that must fill in and submit the statement, being included in the category of final clients also the authorized economic operators that purchase fuels from depots and/or distribution stations for resale.

 

6. International taxation

On 4th October 2022, it was updated the annex no. 1 of the EU list of non-cooperative jurisdictions for tax purposes, by the Council of the European Union as follows: American Samoa; Anguilla; Bahamas; Fiji; Guam; Palau; Panama; Samoa; Trinidad and Tobago; Turks and Caicos Islands; US Virgin Islands and Vanuatu. 

Please note that, in the computation of the corporate income tax, the expenses in respect to transactions made by a person located in a state that, at the date of registering the expenses, is included in the first annex of the EU list of non-cooperative jurisdictions for tax purposes, published in the Official Journal of the European Union, for transactions made starting with 1st of January 2021, are nondeductible if the expenses were made in relation to transactions that do not have economic purpose. Also, this list must be taken into consideration in analyzing the necessity of reporting cross-border arrangements for tax optimization. 

 

On 10th October 2022, the OECD published the "Framework for reporting crypto-assets". This document was published on the Romanian tax authorities’ website. 

 

The EU Directive 2022/2041 of the European Parliament and of the Council of 19 October 2022 on adequate minimum wages in the European Union was published in the Official Journal of the European Union No L 275/33 of 25th October 2022. This Directive establishes a framework for adequacy of statutory minimum wages with the aim of achieving decent living and working conditions; promoting collective bargaining on wage-setting and enhancing effective access of workers to rights to minimum wage protection where provided for in national law and/or collective agreements. The Member States shall adopt the measures necessary to comply with this Directive by 15 November 2024.

 

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