Law 170/2016 has been published, introducing a specific tax for companies that carry out activities in the field of tourism, hotels, restaurants, bars and public food service.
By way of derogation from the provisions of title II of Law no. 227/2015 regarding the Fiscal Code, companies that meet certain conditions will be required to pay the specific tax on activities they carry out.
The specific tax is due by Romanian legal entities which, as at 31 December of the previous year, met both of the following conditions:
Taxpayers established during the year, including as a result of a reorganisation, which fulfil the conditions of this law will pay specific tax as of the year following incorporation.
Legal entities which carry out several activities with the NACE codes referred to in this law, except those carrying out activities through a hotel complex, determine the tax payable by adding up the tax for each activity carried out.
Taxpayers that also perform activities other than those corresponding to the specific NACE codes will have to declare and pay corporate income tax according to the provisions of the Fiscal Code.
The annual specific tax is to be calculated based on the activity codes and the following indicators:
Romanian legal entities paying income tax are required to notify the tax authorities on the application of the specific tax, by 31 March of the year for which the specific tax is due. The notification deadline is the same if the cumulative conditions are no longer met.
The declaration and payment of the specific tax is due twice a year, in two equal instalments.
Legal entities subject to specific tax have to comply with the provisions of the Fiscal Code regarding:
For taxpayers liable to pay specific tax, the fiscal year is the calendar year.
[Source: Law regarding tax on specific activities, published in the Official Gazette of Romania No. 812 of 14 October 2016]
Romanian legal entities performing activities in tourism, hotels, restaurants, bars and public alimentation are obliged to declare and pay the specific tax under derogation from the provisions of title II of Law no. 227/2015 regarding the Fiscal Code.
The specific tax is calculated using certain indicators and is payable twice a year in two equal instalments.
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