6 March 2023
The fiscal amnesty for gift vouchers was approved
In the Official Journal 163/24.02.2023 it was published Law no. 43/2023 for the approval of the fiscal amnesty for gift vouchers. The law entries into force within 3 days from publishing in the Official Journal, being applicable starting with 27 February 2023.
The amnesty implies the cancellation of the additional tax liabilities established by the fiscal body following the reclassification as salary income and assimilated to salary of gift vouchers granted to employees of business partners.
- These gift vouchers could be granted to own employees, but they were also granted by companies to other individuals (employees of business partners) within marketing campaigns for increasing sales. This practice was often used in the past in various industries (ex. consumer goods, automotive, tourism, etc.).
- Starting with 2019, ANAF began a series of fiscal audits on this topic through which the conclusion was that the gift vouchers granted to third parties’ employees should be taxed as salary income.
- By GEO 130/2021, granting gift vouchers was limited strictly to social actions for own employees.
- The draft law for the fiscal amnesty for gift vouchers was approved last year by the Parliament, being sent to the President of Romania for enactment, but this was sent it back for re-examination at the end of July 2022. As such, the draft law re-entered into the legislative flow, finally being approved and published.
Main provisions of Law 43/2023
- The unpaid main tax liabilities and related penalties are canceled for the gift vouchers granted to third parties until 31 December 2020, reclassified by the tax authorities to salary income and assimilated to salary.
- Cancellation is also applicable if the employer received the gift vouchers and distributed them to its employees, in its own name.
- The tax authorities will no longer issue tax decisions for periods prior to 31.12.2020 and will no longer reclassify the gift vouchers as salary income or assimilated to salary.
- Taxpayers who have already paid the tax liabilities/penalties have the possibility to request a refund of these amounts, within the prescription period of 5 years starting with 27 February 2023.
- The cancellation of the fiscal obligations will be made ex officio by the tax authorities or upon the taxpayer’s request, by communicating the cancellation decision, within 30 days from the date of entry into force of the law.
- If the tax authority has issued a tax decision prior to the entry into force of the law, but did not communicate it to the taxpayer, it will no longer communicate it and will eliminate the tax liabilities from the taxpayer record.
- Within 30 days starting on 27 February, the President of ANAF will issue an order approving the procedure and the methods of refunding the amounts already paid.
- Taxpayers who have received tax decisions for these aspects but have not yet paid the additional amounts established by ANAF – the application for the amnesty is made ex officio.
- The taxpayers who have received tax decisions and already paid the additional amounts – the reimbursement of the amounts paid will be made upon request.
- Taxpayers which are currently subject to a tax inspection analyzing these aspects for periods up to 31 December 2020 – ANAF will not issue tax decisions.