A microenterprise is the Romanian juridical person / entity which meets, on the 31st December of the previous fiscal year, all conditions imposed by the new fiscal code.
Starting with January 1st, 2016, there will no longer be a unique quota for the income tax applied to microenterprises. Through OUG 50/2015 which modified the fiscal code, differentiated tax income quotas have been established. The qutoas are differentiated according to the number of employees:
– 1% for microenterprises with 2 or more employees;
– 2% for microenterprises with one employee;
– 3% for microenterprises with no employees.
An employee is considered the full-time employed person with a valid individual work contract (for a determined or undetermined period). In the case of work contracts for less than a full-time norm, the reduced quota can be applied if the norm for the work contracts combined equals at least a full-time work norm. For example, if you have 4 employees with individual work contracts for a partial norm consisting of 2 hours per day, the sum of their contracts equals a full-time work load. The exact same case occurs in the situation of having two employees, each with a 4 hours / day work contract.
The condition regarding employees can also be applied where there is no individual work contract, but there are contracts for administration or management with an established monthly payment which equals at least one gross Minimum Wage.
Let’s suppose there is a Romanian juridical person fulfilling all conditions imposed by the new fiscal code regarding the classification in the microenterprise category.
Also, hypothetically, let’s take into account an employment based on an individual work contract at the level of a Minimum Wage.
|Monthly gross wage (Minimum Wage)||1,050 lei|
|Employer’s monthly contributions||240 lei|
|Employer’s monthly costs with the employees||1,290 lei|
|Employer’s annual costs with the employees||15,480 lei|
We have made three income simulations (the taxable basis for the income tax for microenterprises) and we will apply the three tax quota stipulated by the new fiscal code:
Everyone can draw conclusions regarding the advantages or disadvantages of the differentiated system, according to the specifics of each economical agent.
In the exposition of motives for the Government Emergency Ordinance no. 15 / 2015 (the ordinance which introduced the differentiated quota), it is specified that: “… taking into consideration that, for the encouragement of new jobs and for the equitable disposition of the fiscal charges between microenterprises with employees and those without employees, a system with differentiated tax quotas is necessary.”