So, the general quota of tax revenue for Micro enterprises will continue to be 3%, but, by exception:
- for Romanian legal entities new – incorporated
- having at least one employee,
- are incorporated for more than 48 months,
- their shareholders have not owned shareholdings in other legal entities
will benefit from a tax rate of 1% for the first 24 months since the date of the registration of the legal Romanian entity under the law. The tax rate applies until the end of the quarter in which it ends the period of 24 months.
These provisions apply if, in the period of 48 months from the date of registration, the micro enterprises are not in the following situations:
a) voluntary liquidation by decision of the General Meeting of Shareholders, according to the law;
b) dissolution without liquidation, according to the law;
c) temporary inactivity, according to the law;
d) declaration of not having activity at the headquarters / secondary offices, according to the law;
e) capital increase through contributions made by law by new shareholders / partners;
f) the shareholders sell / assigns / change the shares held.
The condition relating to the employee is met if the employment is carried out within 60 days of the registration of the legal entity. If the new – founded Romanian entity doesn’t have any employee in the first 24 months, it applies the provisions before mentioned starting with the quarter in which the change was made. For the legal entity with one employee, whose employment relationship is terminated, the condition is considered fulfilled provided if during the quarter a new employee is hired.
The employee is a person employed full time by individual work contract, according to Law no. 53/2003 – Labor Code. However, the condition is considered fulfilled also in the case of enterprises that have individual contracts of persons employed part-time if the part-time, added, is the the equivalent of a full-time;