LAW 111 02/04/2003
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LAW No. 111 of April 2nd 2003for the approval of the Government Ordinance no. 24/2001 regarding the taxation of the micro companiesISSUED BY: The Parliament of RomaniaPUBLISHED IN: the Official Gazette of Romania No. 243 of April 9th 2003– The initial document was published in The Official Gazette of Romania no. 243 of April 9th, 2003._________ Note C.T.C.E. Piatra Neamt: For using in court, only the text in the Romanian language has legal foundation. The Parliament of Romania adopts the present decision. SINGLE ARTICLE It is approved Government Ordinance no. 24 of July 26th 2001 regarding the taxation of the micro companies, adopted on the grounds of art. 1 point II.1 in Law no. 324/2001 regarding the qualification of the Government to issue ordinances and published in the Official Gazette of Romania, First Part, no. 472 of August 17th 2001, with the following changes and completions:1. Article 1 shall have the following contents:Art. 1 - (1) There are some persons that may opt for the payment of a tax over theincomes obtained from any source, such as the legal persons that continue to be called micro companies and that fulfill, cumulated, from the date of December 31st of the previous year, the following conditions:a) they produce material goods, supply services and/or carry out trade activities;b) have from 1 to 9 wage earners inclusively;c) achieved incomes representing the equivalent in lei of up to 100.000 euro inclusively;d) have private whole capital.(2) The legal persons set up during a fiscal year benefit by the provisions of the present ordinance if they fulfill the conditions provided under lets. a), b) and d) of par. (1) at the moment of setting up.(3) Do not enter the incidence of the mentioned ordinance the entities that carry out activities in the areas of banking, of insurance and reinsurance, of the capital market and the exterior trade activity.(4) In order to integrate with the request regarding the level of the incomes, there shall be taken into consideration the following: the financial-accounting data from the trial balance for December of the previous year or the financial data from the profit account and losses for the micro companies.(5) In the case when, during a fiscal year, one of the requested conditions is not fulfilled any longer, the taxpayer has the duty to keep for the respective fiscal year, the taxation regime for which he has opted, without the possibility of benefiting for the following period, by the provisions under the present ordinance, even if after that, he fulfills the conditions mentioned in par. (1).2. Article 2 is abrogated.3. Paragraph (2) of article 5 shall have the following contents:(2) In the case when marking safes are purchased, the tax quota in applied to the totalcumulated incomes, from which their value is subtracted, according to the justifying document, in the month of placing it into function.4. Articles 6 and 7 are abrogated.5. Paragraph (2) of article 8 shall have the following contents:(2) The tax calculated according to the provisions under art. 5 are written in the M.F.printed form, code 14.13.01.01. �Declaration regarding the payment obligations to the state budget�, �Tax on the incomes of the micro companies.�6. Article 9 shall have the following contents:Art. 9 - For the non-payment in due time of the income established according to theprovisions under par. (5), interests and delay penalties are owed, established according to the valid legislation regarding the collection and execution of the budget claims.7. Article 10 shall have the following contents:Art. 10 - (1) The finding out, control, checking and cashing of the tax, as well as of the relating interests and delay penalties, regulated by the present ordinance, are being done by the fiscal bodies from the subordination of the general directions of the public finances from the county or from Bucharest.(2) The fiscal control shall be done in accordance with the procedure provided by the valid legislation, regarding the fiscal control, not earlier than 2 years from the date of the anterior fiscal control or from the date of coming into force of the valid ordinance, except for the cases of fiscal evasion.8. Article 12 shall have the following contents:Art. 12 - The disputes formulated to the control or taxation acts of the fiscal bodies are solved according to the valid legislation regarding the solving of the disputes against the measures given through the control or taxation acts, drawn up by the bodies of the Ministry of Public Finance. This law was adopted by the Chamber of Deputies and by the Senate during the common meeting from March 6th 2003, with the observance of the provisions under art. 74 par. (1) and of art. 76 par. (2) in the Constitution of Romania. THE PRESIDENT OF THE CHAMBER OF DEPUTIES VALER DORNEANU THE PRESIDENT OF THE SENATE NICOLAE VACAROIU _____________
