⮚ Regarding the non-taxable salary income within the monthly limit of a maximum of 33% of the basic salary, amendments are provided:
- the amount of RON 400 that could be granted for the telecommuting regime is eliminated (as well as the provision regarding the tax-free treatment).
- the value of sports subscriptions is reduced from EURO 400 to EURO 100 /year (the limit is also applied to the deduction for subscriptions borne by employees).
- the favourable difference between the negotiated preferential interest and the market interest, for loans and deposits is included.
- the amounts borne by the employer for the early education of the employees’ children, within the limit of RON 1,500 /month for each child are included.
- if the employer grants a loan to the employee with interest, and this is lower than the market interest, this favorable difference represents non-taxable income.
⮚ For rental income of personal patrimony, the option to determine the net income in the real system is removed, and for the determination of the net income, a flat rate of 20% representing expenses is included. The tax rate is 10% on net income. The income tax is not due to the tenants, who are not obliged to conduct the accounting activity.
⮚ Clarifications are provided regarding the application of the monthly ceiling of RON 10,000 specified for the incentives related to the income tax and social charges for software development, construction, agriculture, and food industry income as well as in case an employee receives income in the same month from several employers, consecutively.
⮚ Clarifications are brought regarding the threshold of 3 base salaries/ remunerations paid to employees/ administrators applicable to delegation and secondment allowances, in the country and abroad. The calculation must be done monthly.
⮚ The option for taxpayers to decide on the destination of an amount representing up to 3.5% of the income tax for supporting non-profit entities or granting private scholarships remains valid only for salary and assimilated salary income (starting with income earned as of 2024);
⮚ This GEO brings clarifications regarding the employee’s option to pay/stop contributing to the privately administered pension fund for salary income earned by employees in the software development, construction, agriculture, and food industries. The software developers and employees from construction can opt the contribute to the private pension system, but is mandatory for them only the contribute to the public pension system. The employees from the agriculture and food industry will pay starting from January 1, 2024, a 25% social security contribution, which includes Pilon II.
⮚ The exemption for the payment of the pension contribution is limited to the amounts settled by the employer to the employee, having as their object the early education of the children or the favorable advantage of the reduced interest compared to the market interest, only at the level of non-taxable income (33% of the gross employment salary).
⮚ This GEO introduces the obligation to pay the contribution to social health insurance for allowances related to medical leave, except those related to labor accidents and professional diseases.
⮚ Additional clarifications are provided regarding the minimum wage used in determining the annual computation base for the health fund contribution as well as the obligation to file the annual tax return when the minimum salary is amended during the year.