A new tax incentive has been introduced into the Romanian Fiscal Code,1 intended to encourage research and development activities. According to this new provision, salary income derived as a result of carrying out research and development is exempt from Romanian income tax. This provision applies to salary income paid by either Romanian or non-Romanian employers. The tax incentive will apply starting from August 2016.
This tax incentive is designed to stimulate the economy, with only a small impact on government budget revenue. With this measure, the Romanian government is aiming to boost competitiveness, stimulate investment in research and development, and encourage both companies and individuals to develop new technologies.
The exemption from Romanian income tax may also apply to employees of non-Romanian entities who are assigned to Romania and meet the specific requirements under law.
This new provision will apply not only to research and development companies, but also to firms which do not perform research and development as a main activity, but which conduct such activities in certain specialized departments (e.g., companies in the automotive, pharmaceutical industries, etc.). Depending on the contractual arrangements made between employers and employees, this new provision may represent a cost saving for individuals, the company, or both.
a) The position is part of a research and development department, specifically mentioned in the institution’s organizational chart.
b) Their activities and corresponding salary expenses are included in the budget of a formalized research and development project, as per relevant legal requirements.
c) The employer’s activity also includes research and development activities.
The tax incentive has only recently been introduced into Romanian tax legislation and consequently there are still practical aspects to be clarified. The relevant application norms are expected to be issued very shortly.
In the meantime, given that the tax incentive is applicable to salary income derived from August 2016, employers should start thinking about whether they might be able to benefit from it. Consequently, they should analyze whether their research and development activities are eligible for the tax exemption, whether their employees meet the required conditions, how research and development projects are budgeted, etc.
The KPMG International member firm in Romania is actively participating in discussions of the work group formed by the ministries involved in defining the application norms and, consequently, has a degree of access to the authorities’ approach in respect of applying the exemption, as well as the opportunity to engage them on various issues raised within the business community.
1 Ordinance 32/2016 on tax exemption of salary income obtained from research and development activities was published in the Monitorul Oficial (Official Journal of Romania) no.488/30.06.2016.
For additional information or assistance, please contact your local GMS or People Services professional or one of the following professionals with KPMG in Romania:
Tel. +4 037 237 7782
Tel. +4 037 237 7781
Tel. +4 037 237 7800
The information contained in this newsletter was submitted by the KPMG International member firm in Romania.
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