Taxation of international executives.
When are tax returns due? That is, what is the tax return due date?
What is the tax year-end?
What are the compliance requirements for tax returns in Jersey?
As a general rule, the compliance requirements depend on whether the salary income is obtained from a Moldovan employer or from a foreign employer. If the salary income is obtained from a Moldovan employer, it is the company’s responsibility to declare and withhold the income tax due. The deadline for declaring and paying the income tax is 25th of the month for the previous month.
In case the salary income is obtained from a foreign employer, it is the employee’s obligation to declare and pay the income tax. In general, income tax is assessed by calendar year after filing an individual tax return. There is no possibility of joint filing. Returns for the preceding calendar year must be filed with the local tax office by 30 April, with no extension possible. The income tax must also be paid by 30 April.
For late submission of the tax return, the authorities may assess fines of MDL 200/tax return, but no more than MDL 2,000 for all late-submitted tax returns. The tax authorities may also assess fines in case the tax return contains false or incomplete information.
If the income tax is not paid on time, the tax authorities may assess penalties which are calculated as the rate established by the National Bank of Moldova for short-term deposits plus 5%.
Non-residents are subject to income tax only on Moldovan source income, including salary income obtained from abroad for work physically performed in Moldova. In this case, the rules applicable for residents are also valid.
What are the current income tax rates for residents and non-residents in Moldova?
Income tax is calculated by applying a progressive tax rate to taxable income as follows:
Income tax table for 2018
|Taxable income bracket||Tax rate on income in bracket|
|From MDL||To MDL||MDL|
The amount of taxable income is reduced by personal deductions. A personal deduction of MDL 11,280 per year (against taxable income) is granted to each taxpayer. Certain listed individuals are entitled to a personal deduction amounting to MDL 16,800 per year. These individuals include disabled veterans, parents and spouses of war veteran, and individuals disabled in childhood.
An individual may also benefit from an additional deduction of MDL 11,280 or MDL 16,800 per year, if the individual’s spouse does not benefit from the individual personal deduction. A deduction of MDL 2,520 also applies for each child which is supported by the employee, whereas a MDL 11,280 per year deduction is granted to support kids with a permanent disability.
Resident tax rates also apply to non-residents, however no personal deductions are available for non-residents.
For the purposes of taxation, how is an individual defined as a resident of Moldova?
Under current Moldovan tax law, an individual is deemed as a Moldovan tax resident provided at least one of the following conditions is met:
According to Moldovan legislation, the domicile represents the main, settled abode, which is usually proved by means of a valid Moldovan identity card (issued for Moldovan citizens). Where a foreign individual obtains a temporary residence permit, he is considered to have a permanent residence address, but not a domicile.
In what concerns the 183-days rule, the period of stay in Moldova is calculated as of the first arrival in Moldova during the calendar year. Fractions of the day count as a whole day spent in Moldova.
Is there a de minimus number of days rule when it comes to residency start and end date? For example, a taxpayer can’t come back to the host country for more than 10 days after their assignment is over and they repatriate.
No. The residence for the year is determined based on whether the individual has spent, in total, more than 183 days of presence in Moldova in the respective calendar year. Note that the residence is not established by fractions of the year, i.e. if the individual fulfills the physical presence test, he is considered tax resident in Moldova for the entire calendar year.
What if the assignee enters the country before their assignment begins?
In case the assignee enters the country before the start of assignment, those days are also taken into account when counting the 183 days of presence in Moldova.
Are there any tax compliance requirements when entering or leaving the country?
Certain tax compliance procedures may have to be fulfilled upon entering or leaving the country.
In case an individual who has become tax resident during his stay in Moldova is leaving the country and ceases to be resident, he is considered to have sold all his personal properties (except real-estate properties). As such, depending on the type of property, he will have to report a capital gain and pay the corresponding income tax.
Moreover, when an individual becomes resident in Moldova, he has the right of determining the value of his property at the fair market value at the moment of gaining the residency. This value may be used as a base value of his property when establishing the income resulted from the sale of the property.
What if the assignee comes back for a trip after residency has terminated?
All days spent in Moldova during a calendar year are taken into account when counting whether the individual has exceeded 183 days of presence in Moldova during the calendar year.
Do the immigration authorities in Moldova provide information to the local taxation authorities regarding when a person enters or leaves Moldova?
In case the individual spends more than 183 days in Moldova during a calendar year, the immigration authorities communicate the individual’s identification number to the tax authorities, for registration in the authorities’ database.
Will an assignee have a filing requirement in the host country after they leave the country and repatriate?
As mentioned under section “Departure tax”, in case the individual has capital gains from sale of personal property, he/she has the obligation to declare and pay the corresponding income tax. Also, a tax return coresponding to the year of departure may have to be submitted to the tax authorities.
Do the taxation authorities in Moldova adopt the economic employer approach to interpreting Article 15 of the OECD treaty? If no, are the taxation authorities in Moldova considering the adoption of this interpretation of economic employer in the future?
No. There are no discussions at this stage.
Are there a de minimus number of days before the local taxation authorities will apply the economic employer approach? If yes, what is the de minimus number of days?
What categories are subject to income tax in general situations?
As a general rule, all remuneration or benefits in kind received by the employee are considrered taxable, unless specifically provided otherwise. Also, any type of personal income is considered taxable. Please see below the most common examples of taxable income:
Are there any areas of income that are exempt from taxation in your country? If so, please provide a general definition of these areas.
For inbound expatriates, there are no types of exempt income. For outbound expatriates, the following benefits are considered non-taxable if borne by the employer: transportation costs, per-diem visa fees and accomodation, if supporting documents are available. These expenses are considered non-taxable only if they they are incurred for business purposes.
Are there any concessions made for expatriates in your country?
Moldovan income tax law does not provide special deductions or tax-free expatriate premiums. Moreover, note that non-resident indviduals are not entitled to the same deductions available for resident individuals.
Is salary earned from working abroad taxed in Moldova? If so, how?
If the salary is paid by a Moldovan company or by a permanent establishment in Moldova of a foreign company, the salary is taxable in Moldova following the same rules described above, even if the work is performed outside Moldova.
In case the salary is paid by a foreign company for work performed outside Moldova, generally no income tax is due in Moldova.
Are investment income and capital gains taxed in your country? If so, how?
Interest income obtained by individuals from bank deposits or corporate bonds is exempt from tax until 1 January 2020. Dividends and rental income are subject to income tax in Moldova if they are obtained from a Moldovan source or if they are obtained from a foreign source by a resident individual.
Dividends obtained from a Moldovan company are taxed at source with a final income tax of 6%. Dividends obtained from a non-Moldovan company are declared by the individual through an annual tax return and are taxed with 7%/18%, depending on the amount of taxable income.
Rental income is taxed with an income tax of 10% at the value of the contract. The income tax is due on a monthly basis, before 25th of the following month. It is the company’s obligation to withhold and declare the income tax, except for cases when the individual is registered as freelancer.
Generally sale of shares is considered capital gain and it is taxed at the moment when the shares are sold. The taxable basis represents 50% of the amount determined as the sale price minus the base value of the shares. The income tax is 7%/18%, depending on the amount of taxable income.
There are no specific rules under Moldovan legislation in what concerns foreign exchange gains or losses. However, this kind of income could be included under “other types of income”, as defined in the Tax Code and becomes taxable following the general rules.
Income obtained from sale of immovable property is calculated as the sale price, minus the acquisition price. The amount such obtained is considered capital gain. The taxable basis for the capital gain is 50% of the income determined as sale price minus base value and it is taxed under the general rules, applying the tax rates of 7%/18%.
There are favorable provisions in case of sale of the principal residence. An immovable property is considered to be principal residence of the individual if it has been in his property for the preceding 3 years and if during this period it was the individual’s principal abode. The amount of capital gain obtained from the sale of the principal residence established as described above is not considered taxable income.
Capital losses cannot be carried forward in the following years.
As a general rule, the sale of private property is considered capital gain and it is taxed following the same rules described under “Gains from employee stock option exercises”.
Depending on the nature of the gift, they may fall into the category of capital gains and be taxed accordingly. Note, however, that any property transmitted between spouses (or former spouses in case of divorce) is not considered capital gain.
There are no specific rules under Moldovan tax legislation regarding the reporting of foreign property.
There are no specific rules under Moldovan tax legislation regarding non-resident trusts.
Are there capital gains tax exceptions in your country? If so, please discuss.
Any property transmitted between spouses (or former spouses in case of divorce) is not considered capital gain. Also, the capital gain obtained from the sale of the principal residence is not considered taxable.
See “Departure tax”.
What are the general deductions from income allowed in your country?
The amount of taxable income is reduced by personal deductions and allowances. A personal deduction of MDL 11,280 per year (against taxable income) is granted to each taxpayer. Certain listed individuals are entitled to a personal deduction amounting to MDL 16,800 per year. These individuals include disabled veterans, parents and spouses of war veteran, and individuals disabled in childhood.
An individual may also benefit from a deduction of MDL 11,280 or MDL 16,800 per year, if the individual’s spouse does not benefit from the individual’s personal deduction. A deduction of MDL 2,520 also applies for each child which is supported by the employee, whereas a MDL 11,280 per year deduction is granted to support kids with a permanent disability.
Note that these deductions do not apply to non-resident individuals.
What are the tax reimbursement methods generally used by employers in your country?
Tax reimbursments are computed using the gross-up method in the year they are reimbursed.
How are estimates/prepayments/withholding of tax handled in your country? For example, Pay-As-You-Earn (PAYE), Pay-As-You-Go (PAYG), and so on.
Employment income paid by Moldovan employers is subject to monthly withholdings (PAYG withholding). Employment income paid by non-Moldovan employers has to be declared by the individual taxpayer on a yearly basis.
When are estimates/prepayments/withholding of tax due in your country? For example, monthly, annually, both, and so on.
For employment income obtained from Moldovan employers, tax has to be withheld and paid on a monthly basis, by the 25th of each month for the previous month.
For the types of income for which the income payer has withholding obligation, the tax is due upon payment of the income, by 25th of the following month.
For any payments granted to non-resident individuals, income tax in value of 12% (6% for dividends) must be withheld at source at the moment of payment and transferred to the state budget by 25th of the following month.
For any other types of income, no estimates/prepayments/withholding of tax are due.
Is there any Relief for Foreign Taxes in your country? For example, a foreign tax credit (FTC) system, double taxation treaties, and so on?
Based on the provisions of the double tax treaties concluded by Moldova with other countries, if Moldovan tax residents are liable to income tax in a country with which Moldova has concluded a tax treaty, then a tax credit or a tax exemption will be granted by the Moldovan state to each individual. The credit is granted at the level of the tax paid abroad, but it cannot exceed the tax due in Moldova.
Moreover, the Moldovan legislation provides that income tax paid in any other country on the same income should be recognized up to the limit of the tax that would be imposed in Moldova on the same income. Note, however, that this not 100% free of dispute in the case of income tax paid in countries not having a double tax treaty with Moldova.
What are the general tax credits that may be claimed in your country? Please list below.
Tax credits (relief from double taxation) can be obtained for:
This sample tax calculation assumes an inbound assignee, with an assignment period of 3 continuous years in Moldova.
|Moving expense reimbursement||20,000||0||20,000|
|Interest income (capital gains)||6,000||6,000||6,000|
Exchange rate used in the calculation: EUR 1 = MDL 22.0548
Calculation of taxable income
|Days in Jersey during year||365||365||365|
|Earned income subject to income tax|
|Moving expense reimbursement||20,000||0||20,000
|Total earned income||171,000||156,000||171,000|
|Investment income (capital gains)||6,000||6,000||6,000|
|Taxable investment income||3,000||3,000||3,000|
|Total taxable income||174,000
|Total taxable income||174,000||159,000||174,000|
Calculation of tax liability
|Year-ended||2016 EUR||2017 EUR||2018 EUR|
|Taxable income as above||174,000||159,000||174,000|
|Income tax thereon||31,172||28,465||31,155|
|Long-term care (capped)||798.12||1,625.04||1,625.04|
|Non-refundable tax credits||0||0||0|
|Total income tax||27,000||26,800||26,600|
|Employee contribution to Pension Plan|
contribution to Employment Insurance (EI)