According to INS data, last year, the automotive industry was the driver of Romanian exports, with about EUR 9.6 billion, of a total of EUR… Mai mult›
The average gross salary earning announced by the INS for February 2018 was 4,128 lei, 0.4% lower than in the previous month. Paradoxically, the net… Mai mult›
European authorities are taking increasingly decisive steps towards tax harmonization of the 27 systems remained in the EU, but the new measures may have negative… Mai mult›
Romania ranked first in the EU in 2017 by the labour cost increase, according to data published by Eurostat. With an increase of +15% in… Mai mult›
A ruthless table: Number of Romanians who obtain citizenships in other EU countries is growing more than those who run away from dictatorships
The number of Romanians who obtain citizenships in other EU countries keeps growing. Only in 2016, 29,700 people swore to another member state, compared to… Mai mult›
Draft / Employers who do not pay employees’ contributions to state budget are at risk of up to 6 years of imprisonment
de Vladimir Ionescu , 11.12.2017
The intentional non-payment of taxes and contributions due to the budget, subject to the withholding regime, will be considered a tax evasion, according to a draft emergency ordinance that is under the public debate on the website of the Ministry of Finance.
This act will be punished by imprisonment from one to six years.
The document criminalizes, as an act of tax evasion, the failure to retain and collect, the withholding and failure to pay, respectively, the collection and failure to pay taxes and contributions, in whole or in part, intentionally, within maximum 30 days from the due date established by law.
The draft introduces the circumstance related to the criminalization of the withholding and non-payment for persons who had the financial resource needed for the payment but used the money collected or withheld for the paying other debts than those established by law.
To ensure the predictability of the criminality rule, 32 categories of taxes and contributions subject to the withholding or collection and the payment regime have been introduced in the Annex to the draft ordinance, specifying the legislation and the articles that regulate them, including:
- income tax on wages and salaries
- income tax on pensions
- income tax on intellectual property rights
- income tax on rural lease
- tax on interest and dividend
- tax on income from prizes and gambling
- social security contribution payable by individuals who earn wages and income assimilated to salaries
- social health insurance contribution payable by individuals who earn wages and income assimilated to salaries
The text incriminating this act (article 6 of the Law on evasion) has been declared unconstitutional by a CCR decision in 2015 on the grounds that the provision in question does not comply with constitutional requirements regarding the quality of the law, namely it does not meet the requirements of clarity, precision, predictability and accessibility.Since then, though, the wording has not been changed, so these facts have been decriminalised.
Mihai Tudose government does that in the context of transferring social contributions to the employee, and invoking several reasons, among which:
- the need to reform public social systems in Romania, to increase the revenue collection to the state social insurance budget and make employers accountable for the timely payment of mandatory social contributions that both they and employees owe
- the need to make employers accountable for the timely payment of the mandatory social contributions, given that by reforming public social systems in Romania through the Government Emergency Ordinance 79/2017 amending and supplementing Law 227/2015 on the Tax Code, the tax burden of the social security contribution and the social health insurance contribution has been entirely transferred to the employee, and the employer will continue to establish, withhold, declare and pay the due obligations.
Lăsați un comentariu
Industrial production (gross series) was up 7% in the first two months of 2018 compared to the same period in 2017, following the growth in… Mai mult›
Deloitte Romania, at the request of the Romanian Banking Association, conducted a study for analysing the tax treatment of the sale of receivables and the… Mai mult›
The US and the EU support Transgaz-Reganosa (Spain) offer to take over the Greek natural gas transport operator DESFA, for geopolitical reasons, the Greek media… Mai mult›
Workforce (i)mobility: Unemployed young Romanians are not willing to move to another locality for a job
Romania has one of the highest percentages of young unemployed people who would not leave their hometown to find a job (either in the country… Mai mult›
Total compensation that the state will pay to detainees who have been imprisoned in improper conditions will be between EUR 370 million (in the case… Mai mult›
Schweighofer Group, one of the European leaders in wood processing, announced on Monday "a strategy change": it sells its subsidiary Cascade Empire S.R.L. (Cascade Empire)… Mai mult›
Dancila government has established "Commission for Preparing Changeover to Euro". Another committee has been already doing the same thing for a year and a half
On Wednesday, the Government adopted an Ordinance aimed at establishing a commission for preparing the timetable for Romania's accession to the single European currency. Prime… Mai mult›
Mangalia Shipyard: Agreement between Ministry of Economy and Damen. Dutch buy Daewoo shares, give state 2%
The state has reached an agreement with Damen Shipyards Group after blocking for several months the takeover by Dutch company of Daewoo's shares at Mangalia… Mai mult›
The President of the Constitutional Court (CCR) has communicated to the European Commission (EC) delegation the fact that "the Court plenary expressed its wish not… Mai mult›
Representatives of the Coalition for the Development of Romania (CDR), an initiative of the Romanian business community coordinated since the beginning of this year by… Mai mult›
Romaero and American company Sikorsky, part of the Lockheed Martin group, have signed an industrial partnership agreement that will lead to the establishment of a… Mai mult›
The Government approved on Thursday a memorandum that includes a series of measures targeting publicly owned or controlled companies. Basically, the document forces the state-owned… Mai mult›
Country Report - European Semester: Romania risks a tough economy landing at change of cycle, because of growth model
"In the absence of structural reforms and fiscal consolidation, Romania's strong economic growth risks creating the conditions of a tough landing," in case of a… Mai mult›
Governance and Congress: Prime Minister Dancila appointed PSD Vaslui and Neamt leaders’ sons as state secretaries
Prime Minister Viorica Dancila, who is aspiring to the position of PSD executive president, promoted the sons of PSD Vaslui and Neamt presidents to government… Mai mult›
Monopoly on natural gas market in Romania: Interests supported by deputy Iulian Iancu push Romania to an open conflict with European Commission
The European Commission will sue Romania at the European Court of Justice if the Parliament in Bucharest adopts the amendments to the Emergency Ordinance 64/2016… Mai mult›