Since USR and Forța Dreptei have referred to the Constitutional Court (CCR) the changes to Decree 16 regarding tax increases, the consequences can be felt by all. In fact, he does not go to Johannis until the court makes a decision. If it does not arrive in time, it will not be released this year.

We don’t dispute the fact that overpaying for part-time work is a bipartisan issue, but there are other changes in this law.

In fact, what is already in the Official Gazette will apply from next year.

1. First, the real estate tax will increase several times due to the use of a notary grid. This is in conditions where, due to amendments in the parliament, the deadline for submitting applications has been extended until January 1, 2025.

Everyone will feel it.

2. Secondly, there will remain the question of interpretation of what interim dividends mean. Essentially, Decree 16 states that if a company paid a dividend during this year at the rate of 5%, it should be carried forward from the following year and another 3% paid.

In parliament, the changes aimed to keep the tax rate at 5% for dividends distributed during 2022. The only difference was for the fourth quarter of 2022, which will be distributed in 2023, for which the 8% rate would apply.

3. Fiscal consultants will not be able to take advantage of the micro-business regime, as provided for in Regulation 16. This is, in the conditions when the parliament changed the normative act in the sense of correction, that is, exempting the activity of accounting and financial audit, consulting in the tax field.

4. The threshold for micro-enterprises, which drops to €500,000, will apply from January 1, even for companies that have already exceeded the €1 million ceiling in 2022.

In parliament, through the amendments passed, it was expressed the desire that companies whose number on December 31, 2022 was less than 1 million, remain micro until they exceed the threshold of 500,000 euros.

5. Traders with a turnover of more than 10,000 euros will have to have a POS. In other words, they must accept debit, credit or prepaid cards as a means of payment.

Important changes have taken place in the parliament in the sense that the obligation will be for those who make cash receipts in the amount of more than 50,000 lei during the year.

What is the solution?

We do not know how fast the Constitutional Court will move, given that the winter holidays are also approaching.

If they were to act quickly, Johannis would need to make a decision quickly, as there will be significant changes from January 1st.

There is a way out: the government.

The Ministry of Finance could take the amendments adopted by the Parliament and make a project to be sent to the Government for approval. I can even introduce measures in the new Train Ordinance from 2022. What will happen remains to be seen. Of course, one way or another you have to make a decision.

Read also:

12 tax changes coming into effect on January 1, 2023: from 8% tax on dividends to increased VAT on restaurants and sugary drinks

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