The reverting to the ceiling for the incomes derived from the software creation activity, this time of 10.000 euro for each employee benefitting of the exemption from the payment of the incomes derived from salaries for the software creation activity – applicable starting with the incomes due to the month of July 2017.

The Official Monitory no. 468 from June 22nd, 2017 has published the Order no. 703/2017 regarding the activity of software creation. The main change is the fact that it marks the revert to a previous situation applicable in the first years of validity of this exemption, meaning that the exemption from the payment of the salary income tax is conditioned by the justification of the deriving of the incomes from the activity of software creation due to commercialization in an amount of at least the equivalent in RON of at least 10.000 euro for each employee benefitting of the income tax exemption.

It is still valid the stipulation that the companies set-up during the fiscal year, in order to benefit from this fiscal facility, are exempted from fulfilling the above-mentioned condition for the year of the setting-up and for the

Exactly as the old regulation, the new decision does not impose to programmers to own a specific diploma and to graduate an IT/technical oriented university. The programmers can come from all walks of study, and the positions they have to fill-in in order to benefit from the exemption are identical:

• Database administrator;
• Analyst;
• Engineer of informatics systems;
• Engineer of software system;
• Manager of IT project;
• Programmer;
• Designer of IT systems;
• Programmer of IT system.

We remind you that on the basis of Order 2903/2016, starting with the incomes due to the month of February 2017 it was cancelled the condition of fulfilling the ceiling of 10.000$ USA for each employee who benefits of the exemption from the payment of the salary incomes tax. In consequence, the cancellation of the ceiling was applicable only for the period February 2017 – June 2017.

This info is issued by ECOVIS Romania as an informing letter over the most important evolutions/changes in the legal and tax fields, and in the investment environment in Romania as well. The information, the analysis and the comments mentioned above are of generic nature and it is not the intention or the imperative of the issuer to be used as a substitute for professional consulting dedicated to individual cases. For advice concerning your specific situation, please contact us  directly.

© ECOVIS Romania SRL – 2017