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LEGALITY.ro - Professional Romanian Law Firm

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LEGALITY.ro - Professional Romanian Law Firm

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10/04/2023

President Klaus Iohannis promulgated the law on the fiscal regime of digital nomads

The law provides for the encouragement of specific activities carried out by digital nomads in Romania, by establishing the applicable tax regime, namely the exemption from paying income tax, social insurance contributions, as well as social health insurance contributions.Concretely, digital nomads will be able to choose Romania as their destination country without having to worry about double taxation for income earned outside of Romania. They will be exempt from paying income tax, social security contributions, and social health insurance contributions.

https://www.news.ro/politic-intern/presedintele-klaus-iohannis-a-promulgat-legea-privind-regimul-fiscal-al-nomazilor-digitali-1922403929002023031421080294

27/03/2023

How to conclude a contract: everything you need to know
Is it necessary to sign a written agreement?

The conclusion of contracts in written form is not a general rule, they can also be concluded verbally, however, practice has shown us that the conclusion of contracts in written form is preferable to the verbal agreement for several reasons, as mentioned below. Of course, there are situations where by law it is mandatory to conclude the contract in written form or the written form of the contract must be authenticated by a notary public.

Is concluding contracts in verbal form (gentlemen’s agreement) a way to establish a contractual relationship?

Of course, verbal agreements are a form of establishing a contractual relationship. In fact, it is the primary way to agree with another person a benefit in order to receive a consideration in return, regardless of what is the object of this primary exchange between two or even more people who understand to oblige each other. The law defines the contract as the simple agreement between the parties.

However, verbal agreements have disadvantages compared to written contracts:

a) over time people’s memory may fade, and the details of the agreement may be forgotten or wrongly recalled within the agreement so that dissensions arise between the parties;

b) people’s good faith is not always preserved during the ex*****on of the obligations they committed to;

c) verbal agreements that have a pecuniary value greater than 250 lei cannot be proven with witnesses;

d) verbal agreements are not allowed in certain situations where the law requires the conclusion of the contract in written or even authentic form.

Read the full article on:
https://legality.ro/how-to-conclude-a-contract-everything-you-need-to-know/

18/02/2023

Residence in Romania!

EU/EEA/Swiss Confederation citizens, as well as foreign citizens domiciled in Romania, can obtain temporary residence documents, such as: residence permits/residence cards/registration certificates/single permits/EU blue cards, as applicable.

Temporary residence documents are residence documents that contain a personal numerical code (CNP) that can be used later for fiscal and social security purposes. These are granted by the Romanian immigration authorities:

Depending on the purpose of the stay in Romania (for employment, secondment, family reunification, studies, etc.).
On the basis of a D-type long-stay visa, obtained in advance, according to the law.
TYPES OF VISA

The type of visa depends on your travel purpose in Romania:

Tourism
Visit
Business
Transport
Sport Activities
Cultural, scientific, humanitarian, medical treatment of short duration or other activities that do not breach Romanian laws

Read full article on :
www.legality.ro

01/02/2023

When can the non-competition clause be concluded?

The non-competition clause can be negotiated and signed both at the conclusion of the employment contract and during its ex*****on.

The non-competition clause requires the employee, after the termination of the contract, not to provide, in his own interest or that of a third party, an activity that is in competition with that provided at his employer, in exchange for a monthly non-competition allowance that the employer undertakes to pay throughout the non-competition period.

Read the full article at :
https://legality.ro/what-is-a-non-compete-clause/

30/01/2023

What obligations does the user of temporary labor have?
The user of temporary employees has the following obligations:

a) to inform temporary employees about all existing vacancies, in order to ensure equal opportunities with other employees, to obtain a permanent job;

b) to ensure the temporary employee access to the professional training courses that he organizes for his employees;

c) to provide the employees’ representatives with information on the use of temporary employees, as part of the general information on employment;

d) to provide temporary employees with the same rights as employees employed with an individual employment contract with the user;

e) to offer and present accurate and real information regarding the use of temporary employees when the trade unions or, as the case may be, the representatives of the employees request the status of their own staff.

Read full article on: https://legality.ro/what-obligations-does-the-user-of-temporary-labor-have/

24/01/2023

The difference between company names (trade names) and trademarks

Legal entities are entities that are identified by name and unique numbers assigned by the authority that approves their establishment (Trade Register).

Although some time ago the name of the company was not an essential criterion for identification (since there is no centralized system at the level of Romania for records of names) so that the same name could be registered in different counties, in the presentation of the reservation and the allocation of the name of the company no longer . it can be done if there is an identical name or with enough similarities to create confusion between two names.

The method of reserving and allocating the company name is done through a computerized system, the software rejecting the reservation of the requested name if it identifies identical or similar names already reserved.

On the other hand, the trademark represents the optional and distinctive name under which a person carries out his activity. In this way, products or services under the registered trademark are distinguished on the market from other similar products and services, usually suggesting the guarantee of certain qualities or certain characteristics that confer added value compared to similar ones.

Trademark registration is done at the Romanian authority, at the local level (Romanian Office for Inventions and Trademarks - OSIM) or at the authorities with powers to register and protect trademarks in several countries (EUIPO).

17/01/2023

We have the right to have our rights respected, but we also have the obligation to respect the rights of others. A good lawyer is also one who has a well-implemented code of honor and morals and knows how to guide you in your actions.

16/01/2023

How is the income ceiling established by law for maintaining or acquiring the tax regime of micro-companies checked?
The tax ceiling is checked on the basis of the cumulative revenues recorded starting with January 1, 2023, and not on the basis of the revenues obtained during the year 2022. The exchange rate for determining the euro equivalent is the one valid at the end of the previous financial year.

11/01/2023

When a client asks for our expertise for a legal problem he is facing, we treat his problem with the responsibility we owe to ourselves. In our team you can find more than lawyers, we guarantee you a team that treats you with respect.

05/01/2023

The minimum level of the minimum gross salary in the country changed starting from January 1, 2023, reaching the value of 3,000 lei per month, without including increments and other additions, for a normal working schedule of 165,333 hours per month on average, representing 18,145 lei/ hour. The respective amendment can be found in Decision 1447/2022.

On the other hand, pursuant to GEO 168/2022, starting from January 1, 2023, for the field of construction, the minimum gross basic salary per country guaranteed in payment is set in money, without including allowances, increments, and other additions, at the amount of 4,000 lei per month, for a normal work schedule of 165,333 hours per month on average, representing on average 24,194 lei/hour.
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Non-compliance with these provisions by companies constitutes a contravention and is sanctioned according to the provisions of the Labor Code and entails the cancellation of the granting of fiscal facilities. Along with the sanctioning of the companies for committing contraventions related to the modification of the salary level, the recalculation of the contributions and the related tax will be carried out, in accordance with the provisions of the law. For the differences in fiscal obligations resulting from the recalculation of social contributions and income tax, interest, and late penalties are charged according to the provisions of the art. 173 of the Fiscal Procedure Code, with subsequent amendments and additions.

Read more articles on: www.legality.ro

04/01/2023

In which situations does the microenterprise taxation system no longer apply?
According to article 52 of the Fiscal Code, a company loses the micro-enterprise regime if at least one of the following situations occurs:
(1) If during a fiscal year a micro-enterprise achieves revenues greater than 500,000 euros or the share of the revenues obtained from consulting and/or management;
Note: income from tax consultancy, corresponding to CAEN code: 6920 - «Accounting and financial audit activities; consulting in the tax field". In other words, a company can obtain 100% income from tax consultancy and continue to operate as a micro-enterprise.
(2) In the event that, during a fiscal year, a micro-enterprise no longer fulfills the condition regarding hiring a full-time employee (or fulfilling the equivalent requirement). In this situation, the company owes profit tax starting from the quarter in which this condition is no longer met.
Note: As an exception, for a micro-enterprise with a single employee, whose employment relationship ends, if within 30 days from the termination of the employment relationship, a new employee is hired with an individual employment contract for an indefinite or fixed duration for a period of at least 12 months, the company will not switch to the corporate taxpayer regime.
(3) Micro-enterprises that, during a quarter, begin to carry out activities among those for which it is not allowed to opt for the micro-enterprise regime. They owe profit tax starting from the quarter in which the respective activities are carried out.
(4) In the event that, during the fiscal year, any of the associates/shareholders of a micro-enterprise holds more than 25% of the value/number of participation titles or voting rights in more than three micro-enterprises, the associates/shareholders must establish the micro-enterprise / micro-enterprises that remain in the micro-enterprise regime and those that come out of this regime. The exit from the taxation system on the incomes of micro-enterprises is communicated to the competent fiscal body and is definitive for the current fiscal year.

Read the full article on :
www.legality.ro

31/12/2022

As 2022 passes, the Legality team wishes you to have a new year with many personal and professional achievements, confidence, and courage to achieve new successes, health, and happiness with your loved ones!

Happy New Year!
Welcome, 2023!

Address

Stefan Tudor 7-9
Bucureşti Sectorul 1
011655

Opening Hours

Monday	09:00 - 18:00
Tuesday	09:00 - 18:00
Wednesday	09:00 - 18:00
Thursday	09:00 - 18:00
Friday	09:00 - 18:00

Website

https://legality.ro/

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