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Law No. 163 Of 1 June 2005 On The Approval Of The Government Emergency Ordinance Nr. 138/2004 For The Modification And Completion Of The Law #. 571/2003 Regarding The Fiscal Code

Original Language Title:  LEGE nr. 163 din 1 iunie 2005 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 138/2004 pentru modificarea şi completarea Legii nr. 571/2003 privind Codul fiscal

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LEGE no. 163 163 of 1 June 2005 on approval Government Emergency Ordinance no. 138/2004 to amend and supplement Law no. 571/2003 on Fiscal Code
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 466 466 of 1 June 2005



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 138 138 of 29 December 2004 to amend and supplement Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 1.281 of 30 December 2004, with the following amendments and additions: 1. In Article I, point 1, Article 17 shall read as follows: "" Art. 17 Tax rates The profit tax rate that applies to the taxable profit is 16%, with the exceptions provided in art. 38 38. " 2. In Article I, after point 1, points 1 ^ 1 to 1 ^ 6 are inserted as follows: "" 1 ^ 1. Paragraph 3 of Article 19 shall read as follows: " (3) Taxpayers who have opted until April 30, 2005 inclusive, according to legal provisions, for the imposition of income related to installment payment contracts, as the rates become due, continue to benefit from this facility for the duration of the respective contracts; the corresponding expenses shall be deductible at the same due dates, in proportion to the value of the rate recorded in the total value of the 1 1 ^ 2. In Article 21 (3), point (f) is repealed. 1 1 ^ 3. In paragraph 4 of Article 21, the letter s) shall be inserted after point (s): " s) expenses with taxes and levies to non-governmental organizations or professional associations, other than those provided in par. ((2) lit. g) and m). " 1 1 ^ 4. Paragraph 12 of Article 24 will read as follows: " (12) Taxpayers who have invested in depreciable fixed assets or in depreciable invention patents and who deducted depreciation expenses representing 20% of their entry value according to the legal provisions, at the time of implementation. operation of the fixed means or patent, until 30 April 2005 inclusive, have the obligation to retain in the patrimony these depreciable fixed assets at least a period equal to half of their normal duration of use. If the provisions of this paragraph are not complied with, the profit tax shall be recalculated and interest and late payment penalties shall be established from the date of application of that facility, according to the law. " 1 1 ^ 5. Paragraph 5 of Article 30 shall be repealed. 1 1 ^ 6. Chapter IV of Title II shall be repealed. '; 3. In Article I, point 2, Article 41 shall read as follows: "" Art. 41 Income categories subject to income tax The income categories subject to income tax, according to the provisions of this Title, are as follows a) income from self-employment, defined according to art. 46 46; b) income from salaries, defined according to art. 55 55; c) income from the disposal of the use of the goods, defined according to 61 61; d) investment income, defined according to art. 65 65; e) income from pensions, defined according to art. 68 68; f) income from agricultural activities, defined according to art. 71 71; g) income from prizes and from gambling, defined according to art. 75 75; h) income from transfer of real estate, defined according to art. 77 77 ^ 1; i) income from other sources, defined according to art. 78 78. " 4. in Article I, point 2, Article 42, points a) and g) shall read as follows: "" a) aid, allowances and other forms of special purpose support granted from the state budget, the state social security budget, the budgets of special funds, local budgets and other public funds, and those of the same nature received from other persons, with the exception of allowances for temporary incapacity for work. There are no taxable income allowances for: maternal risk, maternity, child rearing and sick child care, according to the law; ................................................................. g) income received as a result of the transfer of ownership of immovable and movable property from personal property, other than gains from the transfer of securities, as well as other than those defined to the head. VIII ^ 1; '. 5. In Article I, point 2, paragraph 2 of Article 43 shall read as follows: " (2) I am an exception to the provisions of para. (1) the tax rates provided in the categories of income from investments, from gambling and from the transfer of real estate. " 6. In Article I, point 2, Article 48 (4) (d), point 3 shall read as follows: "" 3. insurance premiums for professional risk insurance; ". 7. In Article I, point 2, Article 48 (5), points c) and j) shall read as follows: " c) the amount of expenses with the allowance paid during the delegation and posting to another locality, in the country and abroad, in the interest of the service, within the limit of 2.5 times the legal level established for public institutions; ...................................................................... j) expenses representing mandatory social contributions for employees and taxpayers, including those for insurance of accidents at work and occupational diseases, according to the law; " 8. in Article I, point 2, Article 48 (5), point (n) shall be inserted after point (n): "n) expenses representing compulsory professional contributions due, according to the law, to the professional organizations to which taxpayers belong, within the limit of 5% of the gross income realized." 9. in Article I, point 2, Article 55 (4), after letter k), insert letter k ^ 1) with the following contents: "k ^ 1) income from salaries made by individuals with serious and stressed disabilities, with individual employment contract;" 10. In Article I, point 2, Article 57, paragraph 4 shall read as follows: " (4) Taxpayers may order the destination of an amount representing up to 2% of the tax established in par. ((3), for the sponsorship of non-profit entities that are established and operate according to the law. " 11. In Article I, point 2, Article 65 (2), letter a) shall read as follows: "" a) interest income on account deposits/current accounts for which interest rates are lower or equal to the levels of reference interest rates on interbank markets on one month deposits, communicated on the first working day of the month for which the calculation is made, corresponding to the currencies in which the deposits in sight/the current accounts are denominated, as well as to the deposits at the mutual aid houses; '. 12. In Article I, point 2, Article 66, paragraphs 1 and 4 shall read as follows: " (1) The resulting gain or loss/resulting from the transfer of securities other than equity to open investment funds and social parts shall represent the positive or negative difference between the selling price and the purchase price by type of securities, reduced, as the case may be, by the related costs; in the case of transactions with shares received by individuals free of charge, within the framework of the Meal Privatization Programme, the purchase price at the premium trading will be assimilated with their nominal value. in the case of transactions with shares bought at preferential price, within the stock options plan system, the gain is determined as the difference between the sale price and the preferential purchase price, decreased with the related costs. ...................................................................... (4) Determination of the win or loss according to par. ((1) shall be made on the date of conclusion of the transaction, on the basis of the contract concluded between the parties, and the net gain is determined at the end of the fiscal year on the entire portfolio of such securities traded by a taxpayer as a positive difference between the gains and losses incurred during the year, as a result of the transfer of securities, with the exception of those acquired free of charge under the Mass Privatization Programme. '; 13. in Article I, point 2, Article 66, after paragraph 4, the following paragraph 4 is inserted: " (4 ^ 1) Determination of the win according to par. ((2) and (3) shall be made on the date of the conclusion of the transaction, on the basis of the contract 14. In Article I, point 2, Article 67, paragraph 2 shall read as follows: " (2) The income in the form of interest shall be imposed with a rate of 10% of their amount, for the term deposits constituted, the savings instruments acquired, the civil contracts concluded, as of June 1, 2005. For the term deposits constituted, the savings instruments acquired, the civil contracts concluded, the maturity of which is after June 1, 2005, for fiscal purposes, the maturity date shall be assimilated with the date of establishment. For income in the form of interest, the tax is calculated and retained by the payers of such income at the time of registration in the current account or in the holder's deposit account, in the case of capitalized interest, respectively the time of redemption, in the case of savings instruments. In the case of the amounts received in the form of interest for loans granted under civil contracts, the calculation of the tax due shall be made at the time The payment of the tax on interest income is made monthly, until the 25th of the month following the registration/redemption, in case of savings instruments, respectively at the time of payment of interest, for income of this nature based on civil contracts. " 15. In Article I, point 2, Article 67 (3), letter a) shall read as follows: "" a) in the case of the gain from the transfer of ownership of securities other than equity to open investment funds and social parts, which were acquired and disposed of in a shorter period of 365 days, the obligation to calculate and transfer the tax returns to the person who owns and trades such securities, and the deadline for the transfer of the tax is until January 25 of the following year for the fiscal year ended; ". 16. in Article I, point 2, Article 67 (3), after letter a), the letters a ^ 1)-a ^ 3) are inserted as follows: " a ^ 1) in the case of the gain from the transfer of ownership of securities other than equity to open investment funds and social parts, which were acquired and disposed of in a longer period of 365 days, the obligation to calculate, retain and transfer the tax returns to intermediaries, and the deadline for the transfer of the tax is until the 25th of the month following the month in which it was retained; a ^ 2) in the case of the gain from the transfer of ownership of shares received by individuals free of charge, within the framework of the Program of mass privatization, the obligation of calculation, detention and transfer of tax returns to intermediaries, and the time limit for the transfer of the tax shall be until the 25th of the month following that in which he was detained; a ^ 3) in the case of the gain from sale-purchase operations of term foreign currency, on the basis of a contract, as well as from any other such operations, the obligation to calculate, retain and transfer the tax returns to intermediaries or other payers income, as applicable; '. 17. in Article I, point 2, Article 67 (3), after point c), insert letter c ^ 1) with the following contents: " c ^ 1) in the case of securities traded on a regulated market according to the law, the obligation to transfer the tax returns to the person holding such securities, and the term of payment of the tax is until January 25 th the following year for the completed fiscal year; ' 18. In Article I, point 2, Article 67 (3), letter e) shall read as follows: " e) the tax is calculated by applying a rate of 16% on net gain made from the transfer of securities acquired from 1 June 2005 and estranged from 1 January 2006 to a period of less than 365 days from the date of acquisition, respectively by applying a 1% share of the net gain from the transfer of securities acquired as of June 1, 2005 and estranged in a period of more than 365 days including from the date acquisition; '. 19. in Article I, point 2, Article 67 (3), by letter e), insert letter e ^ 1) with the following contents: "e ^ 1) the tax is calculated by applying a rate of 10% on the gain made from sale-purchase operations of term foreign currency on the basis of contract and any other similar operations, as of June 1, 2005;". 20. In Article I, point 2, Article 67 (3), letter g) shall read as follows: " g) tax calculated and withheld at source, according to lit. e ^ 1), shall be transferred to the state budget until the 25th of the month following the month in which it was detained, except for the provisions of lett. c) and d); ". 21. In Article I, point 2, Article 67, paragraph 4 shall read as follows: " (4) The tax withheld according to par. ((1), (2) and lit. a ^ 2), a ^ 3) and f) of par. (3) represents the final income tax, for the income provided for in that paragraph; in the case of the tax provided in par. ((3) lit. a) and ^ 1), it shall be regularized at the end of the year on the basis of the difference between the tax due at the level of the year and the one calculated and retained monthly during the fiscal year/annually, on a differentiated basis, according to the applicable quotas, the taxpayer, based on par. (3 ^ 1) of art. 83 83. " 22. In Article I, point 2, Article 67, paragraph 5 shall read as follows: " (5) Losses recorded from sale-purchase operations of foreign currency, on the basis of contract, any other similar operations and those resulting from the application of the provisions of par. ((4) are not tax-recognised, are not recovered and constitute definitive losses of the taxpayer. " 23. In Article I, point 2, Article 76 shall read as follows: "" Art. 76 Establishment of net income from prizes and from gambling Net income is the difference between the income from prizes or from gambling and the amount of non-taxable income. " 24. In Article I, point 2, Article 77 shall read as follows: "" Art. 77 Withholding tax related to income from prizes and from gambling ((1) The income in the form of prizes from a single contest is required, by withholding, with a rate of 16% applied on net income. (2) Gambling revenues shall be imposed, by withholding, with a rate of 20% applied on net income that does not exceed the amount of 100 million lei and with a share of 25% applied on net income exceeding the amount of 100 million lei. (3) The obligation to calculate, retain and transfer tax returns to income payers. (4) The incomes obtained from prizes and from gambling, in money and/or in kind, below the amount of the non-taxable amount established in the amount of 6,000,000 lei for each competition or gambling, made by the same organizer or Payer in one day. (5) The tax calculated and retained at the time of payment is final tax. (6) The income tax thus calculated and retained shall be transferred to the state budget until the 25th of the month following the month in which it was retained. " 25. in Article I, point 2, after Article 77, Chapter VIII ^ 1 is inserted as follows: "" CHAPTER VIII ^ 1 Income from the transfer of real estate property Article 77 ^ 1 Definition of income from the transfer of real estate (1) The income made from the transfer of ownership of the constructions of any kind and the land related to them, which is disposed of within up to 3 years including, from the date of acquisition, as well as the income made from the transfer of ownership of land of any kind, without construction, acquired after January 1, 1990. (2) Taxable income from the transfer of real estate, with the exceptions provided in par. ((3), represents the favorable difference between the estrangement value of real estate, land and/or construction, and their basic value. (3) They are exempted from the provisions of par. (1) the contribution in kind to the share capital of the companies, as well as the incomes made from the alienation of constructions of any kind with the related land, the land without constructions from the intravilan and extravilan acquired by the taxpayer by: a) reconstitution of ownership; b) inheritance or donation between relatives up to the fourth degree; c) real estate exchange. (4) The basic value of the immovable property provided in par. (1), depending on the method of acquisition, it shall be established with regard to: a) purchase price for immovable property acquired by purchase, increased by 5%; b) the value of the property mentioned in the act, if it was acquired by donation, exchange, annuity, payment, adjudication, maintenance contract, court decision, etc., increased by 5%; c) for new constructions, their cost at the date of realization, proven by the expert report drawn up by an authorized expert, under the law, plus the value of the related land, established under the conditions of this law; d) the value resulting from the surveys used by the chambers of the public notaries, at the date of acquisition of the buildings whose basic value cannot be established by the modalities provided in lett. a)-c); e) the value established according to the way of acquisition, under the conditions laid down in lett. a) and b), for land located in intravilan and extravilan, updated with the inflation rate on economy of the last month for which there is official data communicated by the National Institute of Statistics, if at the date of acquisition they were not drawn up expertise by the chambers of public notaries. For land and construction of any kind, acquired by taxpayers in a way that does not result in the value to which they were acquired, the basic value is the minimum value established in the first expertise used by the notaries chamber public in the constituency of which the land lies; f) the purchase price for the goods acquired under the conditions provided in lett. a) or the value mentioned for the goods acquired under the conditions laid down in b), plus the cost of works and services likely to increase the value of the property, at the time of their performance, proven by the expert report prepared by an authorized expert, under the law. (5) The expertise drawn up by the chambers of public notaries will be updated at least once a year and endorsed by the Ministry of Public Finance, through the territorial directions. (6) The loss from the transfer of real estate represents the taxpayer's final loss. Article 77 ^ 2 Establishment and payment of income tax from the transfer of real estate (1) The tax is calculated by applying the 10% rate on the taxable income determined according to art. 77 77 ^ 1. (2) Notaries who authenticate the documents between live translators of the right of property have the obligation to calculate, to collect and to transfer the tax to the state budget until the 25th of the month following that in which it was authenticated the act. (3) If the transfer of ownership of constructions or land is made by procedure other than the notary one, the taxpayer has the obligation to declare the income obtained, within a maximum of 5 days from the date of disposal of the property, to the fiscal body in whose territorial area it has its fiscal domicile. Taxpayers who do not have a tax residence in Romania declare the income obtained at the fiscal body in whose territorial area the estranged building is located. (4) The procedure for the declaration, calculation and payment of the tax shall be established by order of the Minister of Public Finance, which shall be published in the Official Gazette of Romania, Part I. Art. 77 ^ 3 Declarative obligations of public notaries on the transfer of real estate Public Notaries have the obligation to submit half-yearly to the territorial fiscal body an informative statement on transfers of real estate, including the following elements for each transaction: a) Contracting Parties; b) the value entered in the transfer document; c) the income tax from the transfer of real estate properties; d) notary fees related to the transfer. " 26. In Article I, point 2, Article 80, paragraph 3 shall read as follows: "(3) The annual fiscal loss recorded on each source from independent activities, the disposal of the use of goods and agricultural activities shall be carried over and completed with incomes obtained from the same source of income from the following 5 fiscal years." 27. in Article I, point 2, Article 80, after paragraph 3, the following paragraph 3 is inserted: "" (3 ^ 1) Losses from abroad shall be carried over and shall be compensated by incomes of the same nature and source, carried out abroad, on each country, recorded in the following 5 fiscal years. " 28. In Article I, point 2, Article 82, paragraph 5 shall read as follows: " (5) For the establishment of early payments, the fiscal body will take as an estimated annual income calculation basis, in all situations where an estimated income statement for the current year or net income from the special statement for the previous fiscal year, as applicable. The tax rate of 16%, provided for in art. 43 43 para. ((1). ' 29. in Article I, point 2, Article 83, after paragraph 3, the following paragraph 3 is inserted: "(3 ^ 1) Special statements shall also be completed for the net gain/loss generated by transactions with securities, other than shares received free of charge under the Mass Privatization Program." 30. In Article I, point 2, Article 83 (4), letter b) shall read as follows: " b) investment income, except as provided in par. (3 ^ 1), as well as revenue from prizes and from gambling, the imposition of which is final; ". 31. In Article I, point 2, Article 84, paragraph 2 shall read as follows: "(2) Taxpayers may order the destination of an amount representing up to 2% of the taxable annual net income tax due for the sponsorship of non-profit entities that are established and operate according to the law." 32. In Article I, point 2, the marginal name of Article 90 and paragraph 1 shall read as follows: "" Art. 90 Income from abroad (1) Individuals referred to in art. 40 40 para. ((1) lit. a) and those that meet the condition provided in art. 40 40 para. (2) owes tax on income obtained from abroad. " 33. in Article I, point 2, Article 91, paragraph 4 shall be repealed. 34. in Article I, point 2, Article 92 is repealed. 35. In Article I, point 2, Article 93 shall read as follows: "" Art. 93 Declarative obligations of withholding income payers Income payers, with withholding tax regime, are required to calculate, retain and tax withholding tax and file a statement on the calculation and withholding of tax for each income beneficiary, at the same time. the competent fiscal body, by 30 June of the current year, for the expired year. I am an exception to the obligation to submit this declaration to the payers of income from salaries, for which the declarative obligations are provided in art. 59, in relation to income from salaries paid to taxpayers. " 36. in Article I, points 6 to 39 shall be inserted after point 5: "" Six. In Article 109, paragraph 2 will read as follows: " (2) Legal persons who are established in the course of a fiscal year shall enter the option in the application for registration with the commercial register. The option is final for the respective fiscal year. " 7. In Article 115 (1), letters k) and m) shall read as follows: " k) incomes from services rendered in Romania, exclusively international transport and service supplies accessories to this transport; ...................................................................... m) incomes from pensions received from the social security budget or from the state budget, in so far as the monthly pension exceeds the ceiling provided in art. 69 69; '. 8. Article 115 (1), point n) shall be repealed. 9. In Article 116 (2), the letter a) shall read as follows: " a) the tax rate of 10% is applied for interest on term deposits, certificates of deposit and other savings instruments with banks and other credit institutions authorized and located in Romania, constituted/purchased as of the date of 1 June 2005. For term deposits, certificates of deposit and other saving instruments whose maturity is after 1 June 2005, for fiscal purposes, the maturity date shall be assimilated with the date of establishment; ". 10. In Article 116 (4), points a) and b) shall read as follows: " a) for income representing remuneration received by non-residents who have the status of administrator, founder or member of the board of directors of a Romanian legal person, according to art. 57 57; b) for pension income received from the social security budget or from the state budget, according to art. 70 70. " 11. In Article 117, letter a) shall read as follows: "" a) interest income on account deposits/current accounts for which interest rates are lower or equal to the levels of reference interest rates on interbank markets on one month deposits, communicated on the first working day of the month for which the calculation is made, corresponding to the currencies in which the deposits in sight/the current accounts are denominated, as well as to the deposits at the mutual aid houses; '. 12. In Article 140 (2), the letter a) shall read as follows: "a) the right of entry to castles, museums, memorial houses, historical monuments, architectural and archaeological monuments, zoos and botanicals, fairs, exhibitions, cinemas;". 13. In Article 141 (1), letters k) and m) shall read as follows: " k) the provision of cultural services, as well as supplies of goods closely related to these services, carried out by public institutions or non-profit cultural organizations; ...................................................................... m) activities specific to national public radio and television stations, with the exception of advertising activities and other activities of a commercial nature. " 14. Article 141 (1), point n) shall be repealed. 15. Article 141 (2), (f) and (j) shall be repealed. 16. Article 142 (g) shall be repealed. 17. Article 154 shall read as follows: "" Art. 154 Definition of associations in terms of value added tax Within the meaning of the value-added tax, an association or other organization that has no legal personality shall be considered to be a separate taxable person, for those economic activities carried out by associates or partners on behalf of the association or the respective organization, with the exception of joint ventures made up exclusively of Romanian taxable persons. " 18. Article 160 ^ 1 (2), point e) shall be repealed. 19. In Article 161, the introductory part of paragraph 7 shall read as follows: "" (7) References to the value added tax from the normative acts referred to in lett. a)-r) remain in force until December 31, 2006, except in cases where the normative act provides for the application, for a limited period of time, of these provisions and which will apply during the period provided for in the normative act by which they were granted, provided that it does not exceed 31 December 2006: '. 20. in Article 161 (7), the following shall be inserted after point q): "" r) Government Ordinance no. 11/1995 on trade measures specific to national material reserves for the freshening of products and the valorisation of those available, published in the Official Gazette of Romania, Part I, no 25 of 3 February 1995, approved with amendments by Law no. 69/1995 .. " 21. In Article 162, letter g) shall read as follows: " g) mineral oils and electricity. ' 22. In Article 175 (1), the letter e) shall read as follows: "" e) products covered by CN code 2711, including methane and propane, chemically pure; '. 23. In Article 175 (2), letter f) shall read as follows: " f) natural gas falling within CN codes 2711 11 00 and 2711 21 00; '; 24. Article 176 shall read as follows: "" Art. 176 Excise duty The excise duty rate for the following products is: No. The name of the product or the product group. M. Excise *) (euro/U equivalent. M.) 1.Bere from care:hl/1 degree Plato1) 0,74 1.1. Beer produced by independent producers with an annual production capacity not exceeding 200 thousand hl0,43 2.Vinurihl of products 0,00 2.1. Quiet wines 2.2. Sparkling wines 34.05 3.fermented beverages other than beer and vinurihl of products0,00 3.1. quiet 3.2. 4.Product intermediation products51,08 5.Alcohol ethylichl alcohol pur2) 465,35 Tobacco products 6.Tigarete1.000 tigarete9,10 + 30% 7.cigarettes and cigarettes of foi1,000 pieces 22,13 8.Tobacco for smoking, from care:kg29,51 8.1. Tobacco intended for rolling in tigaretekg29,51 Mineral oils 9.Benzine with plumbtona480,00 1.000 litri369,60 10.Benzine without plumbtona425,06 1.000 litri327,29 11.Motorinetona307,59 1.000 litri259,91 12.Pacura1.000 kg6,81 13.Liquefied petroleum gas, from care:1.000 kg128,26 13.1. Used as fuel 13.2. Used for breaching 113,50 13.3. Used in household consumption 3) 0,00 14.Natural gas used as fuel (CN codes 2711 11 00 and 2711 21 00) gigajoule1,59 15.Petrol lampant (kerosene) 4), of which: 15.1. Used as carburey469,89 1.000 litri375,91 15.2. Used for straddresona469,89 1.000 litri375,91 16.Benzen, toluene, xylenes and other mixtures of aromatic hydrocarbons 469,89 Electricity (CN code 2716) 17.Electricity used for commercial purposes MWh0,14 18.Electricity used for purpose non-commercial MWh0.30 * *) The level of harmonized excise duties will be increased annually from 1 July 2006, according to the commitments made by Romania in the process negotiating with the European Union, in Chapter 10 "Taxation". * *. The level of Plato shall be the weight of sugar expressed in grams, contained in 100 g of solution measured in origin at 20 ° C/4 ° C. * 2) Hl pure alcohol represents 100 liters refined ethyl alcohol with concentration of 100% alcohol by volume, at a temperature of 20 ° C, contained in a quantity given by alcoholic product. * 3) The liquefied petroleum gas used in household consumption is understood liquefied petroleum gases, distributed in gas cooker cylinders. Cylinders Stove type are those cylinders with a capacity up to a maximum of 12,5 kg. * 4) The rolling mill used as a fuel by natural persons shall not be excise. " 25. In Article 177, paragraph 1 shall read as follows: "" Art. 177. -(1) For cigarettes, the excise duty due shall be equal to the sum of the specific excise duty and the ad valorem excise duty, but not less than 19,92 euro/1,000 cigarettes, which represent the minimum excise duty. When the sum of the specific excise duty and the ad valorem excise duty is less than the minimum excise duty, the minimum excise duty shall be paid. ' 26. Article 177 (1) shall be inserted after paragraph 1 with the following contents: "" (1 ^ 1) On the proposal of the Ministry of Public Finance, the Government may modify the minimum excise duty according to the evolution of the excise duty on cigarettes in the most sold price category, so that the level of the minimum excise duty represents 90% of the excise duty related to cigarettes in the most sold price category. " 27. in Article 187, after paragraph 2, paragraph 3 is inserted as follows: " (3) It is an exception to the provisions of para. (1) the movement of electricity under suspension from excise duty. " 28. Article 200 (1), points h), i), j) and k) shall be repealed. 29. In Article 201 (1), the letter d) shall read as follows: "" d) mineral oils used for the production of electricity and for the combined production of electricity and heat; '. 30. Article 201 (1), points j), k) and l) shall be repealed. 31. in Article 207 (i), j) and k) shall be repealed. 32. In Article 207, letters m) and o) shall read as follows: " m) air conditioners, with codes: CN 8415 10 10 and 8415 10 90; ...................................................................... o) yachts and boats with or without motor for leisure, with codes: CN 8903 10; 8903 91; 8903 92 and 8903 99. ' 33. In Article 208, paragraphs 4 and 5 shall read as follows: " (4) Excise level for other products: No. crt. Product name or product group Excise (%) 1.Confections of natural furs (except rabbit, sheep, goat) 45 2.Articles of crystals1) 55 3.Gold and/or platinum jewellery, with the exception of nightings25 4.Perfection products 4.1. Fragrances, of which: 35-perfume waters 25 4.2. Toilet waters, of which: 15-settings10 5.Microundefee20 ovens for airconditions20 7.Hunting weapons and weapons of individual use other than military or sports100 8.Yachts and boats with or without motor for leisure 11.1. Yachts50 11.2. Boats *) with or without motor for agrement30 * *) Do not fall under the excise duties of boats with or without a length motor less than 7 m and motor less than 15 hp. * 1) Crystal means glass having a minimum content of monoxide lead of 24% by weight. (5) The level of excise duties on passenger cars or passenger cars, including imported ones: No. crt. Type of passenger car Excise for new passenger cars or cars (%) Excise duty on passenger cars or cars (%) 1.Cars equipped with petrol engine: a) with cylindrical capacity under 1.601 cm312,5 b) with capacity cylindrical between 1.601 and 1,800 cm32,55,5 c) with cylindrical capacity between 1,801 and 2.000 cm3410 d) with cylindrical capacity between 2,001 and 2,500 cm3821 e) with cylindrical capacity of more than 2,500 cm31132 2.Self-driving vehicles equipped with Diesel engine: a) with cylindrical capacity under 1.601 cm312,5 b) with cylindrical capacity between 1.601 and 2.000 cm32,55,5 c) with cylindrical capacity between 2,001 and 2,500 cm3411 d) with cylindrical capacity between 2,501 and 3,200 cm3821 e) with cylindrical capacity exceeding 3.200 3.200 cm31132 ' 34. In Article 209, paragraph 3 shall read as follows: "(3) Excise payers are also individuals who enter into the country cars and land cars, including rolled, as well as yachts and boats with or without motor for leisure." 35. In Article 244, the marginal name shall be inserted as follows: "Delays in paying excise duties" 36. In Article 250 (1), point 2 shall read as follows: "2. the buildings which, according to the legislation in force, are considered historical monuments, of architecture or archaeological, museums or memorial houses, except for premises that are used for economic activities;". 37. In Article 270, paragraph (1 ^ 1) shall read as follows: "" (1 ^ 1) The publication made by means of written and audiovisual mass information, for the purposes of this Article, corresponds to the activities of the advertising agents according to the Classification of activities in the national economy-CAEN, with the amendments subsequent, respectively the advertising made by newspapers and other prints, as well as by radio, television and Internet. " 38. In Article 283, insert the marginal name with the following contents: "" Other local taxes " 39. Article 298 (2) shall be repealed. " 37. Article II shall read as follows: "" Art. II. -In the case of cars or of imported land cars, including rolled, introduced into the country on the basis of lease contracts initiated after the date of entry into force of this emergency ordinance, the excise tax base shall be the amount of entry to which the amount of customs duties and other special charges are added, as appropriate, due at the time of the closure of the import operation 38. Article II shall be inserted after Article II with the following contents: "" Art. II ^ 1. -The advances collected for deliveries of live animals shall be applied to the tax regime on value added tax, in force on the date of collection of the advance. " 39. Article III shall read as follows: "" Art. III. --(1) By way of derogation from the provisions art. 4 4 para. ((2) of Law no. 571/2003 on the Fiscal Code, the provisions of this emergency ordinance enter into force as of January 1, 2005, with the following exceptions: a) from 1 May 2005: lit. a) of art. 42; para. ((2) of art. 43 43; lit. k) a par. ((4) of art. 55; art. 76; art. 77 77; b) from 1 June 2005: lit. g) art. 41 41; lit. g) art. 42 42; lit. a) a par. ((2) of art. 65; para. ((1) of art. 66; para. ((4) and (4 1) of art. 66; para. ((2) of art. 67 67; lit. a), a ^ 1), a ^ 2), a ^ 3), e), e ^ 1) and g) of par. ((3) of art. 67; para. ((4) and (5) of art. 67; art. 77 ^ 1-77 ^ 3; para. (3 ^ 1) of art. 83 83; lit. b) a par. ((4) of art. 83 83; c) from 1 January 2006: lit. c ^ 1) a par. ((3) of art. 67. (2) In the case of securities acquired until May 31, 2005 inclusive, the tax rate is 1%, regardless of the date of their disposal. (3) From June 1, 2005 to December 31, 2005, intermediaries will calculate, retain and transfer the 1% tax applied on earnings from the transfer of acquired and estranged securities during this period, regardless of whether they are acquired and estranged in a period of more than 365 days or less than 365 days. On December 31, 2005, these transactions are applicable to the calculation rule of net gain according to the provisions of art. 67 67 para. ((3) lit. e). ((4) As of January 1, 2006, for the calculation of the tax on income made by individuals from investments and from the transfer of real estate properties, defined according to the provisions of the head. V and VIII ^ 1 of Title III, the tax rate is 16%, except for the gains made from the transfer of estranged securities in a period of more than 365 days from the date of acquisition, for which the 1% quota provided for in art. 67 67 para. ((3) lit. e). (5) The tax rate of 16% applies as of January 1, 2006 and for the incomes made by non-resident individuals and legal entities, provided in art. 115, with the exception of the revenues obtained from gambling for which the tax rate of 20% is maintained. " 40. After Article III, Articles IV-VI shall be inserted as follows: "" Art. IV. -On the date of entry into force of this emergency ordinance, it is repealed: a) art. XXXVII of Government Ordinance no. 94/2004 on the regulation of financial measures, published in the Official Gazette of Romania, Part I, no. 803 of 31 August 2004, approved with amendments and additions by Law no. 507/2004 ; b) para. ((2) art. 6 of Government Ordinance no. 71/2001 on the organization and exercise of fiscal consulting activity, published in the Official Gazette of Romania, Part I, no. 538 of 1 September 2001, approved with amendments and additions by Law no. 198/2002 ,, as amended. Art. V.-In order to reduce the tax evasion in the field of excise goods subject to the marking system, authorized warehousekeepers will use for marking only armbands and serial and numbered stamps. The deadline and procedure for the application of the new marking models, as well as the stock regime of markings valid on the date of entry into force of this emergency ordinance will be established by order of the Minister of Public Finance, which will be published in Official Gazette of Romania, Part I. Art. VI. --Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 927 of December 23, 2003, with subsequent amendments and completions, as well as with those brought by this emergency ordinance, will be republished in the Official Gazette of Romania, Part I, after its approval by law, giving the texts a new numbering. " + Article II On the date of entry into force of this Law, the Government Emergency Ordinance no. 24/2005 to amend and supplement Law no. 571/2003 on the Fiscal Code, published in the Official Gazette of Romania, Part I, no. 263 263 of 30 March 2005. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, MIRON TUDOR MITREA SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 1, 2005. No. 163. ----------