New amendments and completions were adopted to Law no. 227/2015 regarding the Fiscal
Code.
According to the amendments and completions, the taxable period for the fiscal year starts
from the date of registration with the central fiscal body, for the foreign legal entities that
have the place of exercising the effective management in Romania.
Taxpayers who obtain income from the transfer of the use from the lease of agricultural
goods and the income from the rental for tourist purposes of the rooms located in personal
property houses have the right to opt for determining the net income in real system, based on
accounting data. At the same time, taxpayers who obtain income from the transfer of the use
of the goods in real system based on the accounting data, do not have obligations to complete
the Register of fiscal evidence and to manage the accounting evidence.
The option to determine the real income in the real system, based on the accounting data, is
mandatory for the taxpayer for a period of 2 consecutive fiscal years and is considered
renewed for a new period if the taxpayer does not request the return to the previous system,
by completing the declaration. regarding the income tax and social contributions due by
individuals and the submission of the form to the competent fiscal body until May 25,
inclusive of the year following the expiration of the 2-year period. For taxpayers who start the activity during the fiscal year, the option for determining the net income in the real system is
exercised within 30 days from the beginning of the activity.
In the case of natural person who obtain cash and / or in-kind benefits from third parties who
are not Romanian tax residents, the Romanian tax resident employer or the non-Romanian tax
resident employer and who fall under the European legislation applicable in the field of social
security, may opt for the obligation to calculate, withhold and pay the social insurance
contribution.
