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Main legislative changes of November 2023

05/12/2023
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1. Starting with the revenues for the month of November 2023, minimum wages in the construction and agri-food industries are increasing

2. Amendment of cash collection and payment ceilings according to Law No. 296 of 2023 and Emergency Ordinance No. 98 of 2023

3. Intrastat value thresholds for 2024 remain the same as in 2023

4. Amendments to the Convention between Romania and Luxembourg for the avoidance of double taxation

5. Changes to the 100 declaration regarding obligations in the field of gambling

6. Expansion of the list of individuals eligible for maternity risk leave 

7. Approval of the format of the preliminary certificate for cross-border mergers/transformation/splitting

1. Starting with the revenues for the month of November 2023, minimum wages in the construction and agri-food industries are increasing

Starting from the revenues related to November 2023, the gross minimum wage guaranteed by the country has increased from 4,000 RON per month to 4,582 RON per month for the construction industry and from 3,000 RON per month to 3,436 RON per month for the agri-food industry.

These changes were introduced through Emergency Government Ordinance No. 93/2023, published in the Official Gazette No. 993 on November 1, 2023.

2. Amendment of cash collection and payment ceilings according to Law No. 296 of 2023 and Emergency Ordinance No. 98 of 2023

Starting from November 11, certain provisions regarding cash collections and payments have been modified according to Law No. 296 of 2023, amended by Emergency Government Ordinance No. 98/2023.

You can find the details of these changes in the Flash Alert dated November 17, 2023.

3. Intrastat value thresholds for 2024 remain the same as in 2023

According to Order No. 1539/2023, the following Intrastat value thresholds are approved for collecting statistical information on intra-EU trade in goods for the reference year 2024:

  • 1,000,000 lei for goods dispatches
  • 1,000,000 lei for goods arrivals

Economic operators who, during the year 2023, have conducted exchanges of goods with the member states of the European Union, with a separate annual value for the two flows (dispatches and arrivals of goods), exceeding the Intrastat thresholds established for the year 2023, are obligated to complete and submit statistical declarations to the National Institute of Statistics starting from the reference month of January 2024.

This order will come into effect on February 1, 2024.

Order No. 1539/2023 of the National Institute of Statistics (INS), regarding the Intrastat value thresholds for collecting statistical information on intra-EU trade in goods for the year 2024, was published in the Official Gazette, Part I, No. 1041 on November 16, 2023.

4. Amendments to the Convention between Romania and Luxembourg for the avoidance of double taxation

Romania ratifies the second Protocol, signed in Brussels on December 6, 2022, amending the Convention between Romania and the Grand Duchy of Luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to income and wealth taxes.

Through this protocol, modifications are introduced regarding methods to eliminate double taxation. Romania utilizes the deduction method, while Luxembourg employs both the deduction and exemption methods, with specific provisions for income from dividends, interest, royalties, and commissions.

In the Official Gazette, Part I, No. 1020 dated November 8, 2023, the Second Protocol amending the Convention between Romania and the Grand Duchy of Luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to income and wealth taxes, signed in Luxembourg on December 14, 1993, as amended by the Protocol and Additional Protocol signed in Luxembourg on October 4, 2011, was published on December 6, 2022.

5. Changes to the 100 declaration regarding obligations in the field of gambling

Starting from November 9, 2023, there are modifications to Form 100, "Declaration regarding payment obligations to the state budget," concerning obligations in the field of gambling. This includes the annual fee for gambling authorization, periodically adjusted based on achievements; the fee related to the authorization for operating gambling activities with a monthly declaration and payment obligation, and the fee related to the authorization for operating gambling activities with an annual/full declaration and payment obligation.

Order No. 1857/2023, amending Form 100, was published in the Official Gazette No. 1021 on November 9, 2023.

6. Expansion of the list of individuals eligible for maternity risk leave

Starting from November 16, 2023, individuals insured under the health insurance system based on an insurance contract for leaves and social health insurance benefits are eligible for maternal risk leave. In this case, the calculation base for social insurance benefits is the average of the insured monthly incomes specified in the insurance contract.

Law No. 342/2023 amending Emergency Government Ordinance No. 158/2005 regarding leaves and social health insurance benefits was published in Official Gazette No. 1029 on November 13, 2023.

7. Approval of the format of the preliminary certificate for cross-border mergers/transformation/splitting

Through Order No. 2035/C/2023, effective from November 3, 2023, the format, security elements, and structure of the pre-merger certificate for cross-border mergers, the pre-transformation certificate for cross-border transformations, and the pre-division certificate for cross-border divisions have been approved in both paper and electronic form.

These certificates are provided to competent authorities to verify the legality of procedures carried out in operations involving companies in the member states of the European Union. This provision is conducted electronically through the interconnection system of commercial registers.

The certificates are issued to the company that submitted the request for obtaining the pre-merger certificate, either in written form or, based on the company's preference indicated in the request, in electronic form.

This order follows the amendments made by Law No. 222/2023 amending and supplementing Law No. 31/1990 on companies, as well as Law No. 265/2022 on the trade register and amending and supplementing other normative acts related to trade register registration.

In the Official Gazette, Part I, No. 1002 dated November 3, 2023, Order No. 2035/C/2023 approving the format, security elements, and structure of the pre-merger certificate for cross-border mergers, the pre-transformation certificate for cross-border transformations, and the pre-division certificate for cross-border divisions was published.

 

Disclaimer

The information contained in this newsletter is intended to give you an overview of new legislation; the newsletter does not contain a comprehensive analysis of each topic. For further information on the topics covered please contact us. No responsibility is accepted for decisions or omissions following the use of the content of this newsletter. 

Crowe România