Order no. 872/5932/2284/2903/ 2016 regarding software development activities has been published, amending the provisions of Order no. 217/4172/1348/835/ 2015.
Order no. 217/4172/1348/835/ 2015 regarding software development activities has been amended, as follows:
The employer obligation to obtain a minimum annual revenue of USD 10,000 in the previous fiscal year from software development activities for trading purposes based on commercial agreements has been repealed.
Companies set up during the fiscal year and others subject to reorganisation during the fiscal year, according to the law, are not obliged to obtain the minimum revenue threshold from software development activities, neither in the previous year for the next fiscal year nor during the year of the reorganisation.
Employees are requested to provide accurate copies of study documents (such as diplomas, supplements to diplomas and university statements) and individual employment contracts containing the statement “according to the original”.
The possibility of archiving the justifying documents in electronic format has been introduced. In this case, the documents have to be signed with an extended electronic signature based on a qualified certificate provided by a specific services provider.
The amendmets brought by the Order enter into force as of the first day of the month following that in which the Order was published in the Official Gazette, i.e. as of 1 February 2017, and apply for the revenues derived during the respective month.
The changes brought by Order no. 872/5932/2284/2903/ 2016 are substantial and reflect new elements, as follows:
For a more detailed discussion of the impact that these provisions can play in your specific case, you can contact the following persons: