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Romania: Tax Amnesty Law Regarding the Reclassification of Gift Vouchers as Salary

Romania: Tax Amnesty Law Regarding the Reclassification of Gift Vouchers as Salary

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Law 43/2023 on the introduction of a tax amnesty for tax liabilities, including interest and penalties for late payment, calculated by the tax authorities following the reclassification of income from gift vouchers obtained by individuals from persons other than employers, from the category of income from other sources to the category of salary income, was published in the Official Gazette no. 163 on 24 February 2023.

The tax amnesty applies to all tax liabilities relating to the period 26 May 2006 to 31 December 2020 calculated by the tax authorities following the reclassification.

The tax amnesty targets both assessed and unpaid tax liabilities as well as tax debts already paid by companies. In the latter case, companies will be able to apply for a refund based on a procedure which will be approved by a subsequent Order to be published by the tax authorities within 30 days.

Also, for the aforementioned period, the tax authorities are not allowed to perform any reclassification in this matter in their future tax audits.

By Carmen Mazilu, Tax Advisor, Noerr

Romanian Knowledge Partner

Țuca Zbârcea & Asociații is a full-service independent law firm, employing cross-disciplinary teams of lawyers, insolvency practitioners, tax consultants, IP counsellors, economists and staff members. It also operates a secondary law office in Cluj-Napoca (Romania), and has a ‘best-friend’ agreement with a leading law firm in the Republic of Moldova. In addition, thanks to the firm’s dedicated Foreign Desks, the team provides the full range of services to international investors seeking to gain a foothold or expand their existing operations in Romania. Since 2019, the firm and its tax arm are collaborating with Andersen Global in Romania.

Țuca Zbârcea & Asociaţii is providing legal services in every aspect of business, covering all major areas of practice: corporate and M&A; litigation and international arbitration; corporate tax; public procurement; TMT; employment; insurance; banking and finance; capital markets; competition; healthcare and pharmaceutical; energy and natural resources; environmental; intellectual property; real estate; regulatory legal services.

Țuca Zbârcea & Asociaţii is a First-Tier law firm in all international legal directories and a multiple award-winning law firm both locally and internationally. It received the CEE Deal of the Year Award (DOTY Awards 2021) and the Law Firm of the Year Award: Romania (IFLR Europe Awards 2021). 

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