Legal education programme for individuals fleeing Ukraine in Romania: Fiscal facilities granted for supporting refugees and NGO initiatives

Cristina Popescu
Cristina Popescu

1. Types of support and manners to grant it

Legislation provides for the following types of aid that may be granted to refugees by individuals or legal entities:

– Donations in cash, through a specific platform created by IGSU, may be performed online through the website www.ghiseul.ro or in cash/POS at the Treasury offices

– goods and services provided free of charge directly to the persons affected by the armed conflict in Ukraine having humanitarian purposes

– goods, financial means and services provided to UNICEF and other international organizations, which carry out their activities according to special agreements to which Romania is a party

2. Benefits for the persons granting such support

As a general comment, note that all types of support granted to refugees should be documented so that the nature, value and tax treatment applied to such support can be justified in case of a future tax audit.

Donations

Individuals carrying out economic activities (i.e. freelancers) and legal entities granting donations in cash through the specific platform created by IGSU towards refugees may deduct such value when computing the taxable base for corporate income tax, microenterprise tax and income tax.

Expenses with goods and services – applicable until 31st December 2022

CIT payers – (i) limited deductibility considered for social expenses; applicable threshold is of 5% of total salary expenses or (ii) non-deductibility for tax purposes, but considered as fiscal credit and deducted from the corporate income tax liability within one of the limits provided for sponsorships (the minimum value between 0,75% of the annual turnover or 20% of the corporate income tax due)

– Microenterprise income tax payers – expenses assimilated to sponsorships and can be deducted from the value of the microenterprise tax payable to the state in the limit of 20% of the income tax due for the quarter in which the expenses were incurred

Income tax payers (e.g. freelancers)(i) limited deductibility considered for social expenses; applicable threshold is of 5% of total salary expenses or (ii) limited deductibility as sponsorship expenses in the limit of 5% of the base represented by the difference between total income and total deductible expenses (excluding sponsorship, private scholarships, protocol expenses)

VAT – applicable until 31st December 2022

Goods and services granted free of change for humanitarian purposes are not subject to VAT .

Goods, financial means and services provided to UNICEF – no limitation in time

CIT payers – non-deductible expenses, tax credit can be claimed in the limits applicable for sponsorships (the minimum value between 0,75% of the annual turnover or 20% of the income tax due)

Microenterprise payers – can be deducted from the tax payable to the state in the limit of 20% of such tax

Meals and accommodation for refugees

Individuals that provide shelter to refugees are entitled to receive from the state budget an amount of RON 20/day for meals and RON 50/day for accommodation per each refugee. The procedure for requesting such amount from the state budget is regulated through specific normative acts.  Such amounts represent non-taxable income from a tax perspective.

Conclusion

Fleeing to neighbouring countries like Poland, Romania or Moldova, Ukrainians need not only shelter, but means to support themselves and their families. Looking for employment or a home, relocating a business and complying with the legal provisions of the hosting countries can be a difficult challenge.

DLA Piper’s office in Bucharest takes a step forward in assisting Ukrainian refugees who decided to settle in Romania find the right answers to their legal concerns. This brochures uncovers the provisions of the Romanian legal system and serves as a guide to any Ukrainian citizen in search for work or a place to stay.

We will continue to support the Ukrainian community in Romania with adequate advice and encourage other organizations in their capacity to offer support.

Cristina Popescu, Tax Consultant DLA Piper

:: DLA Piper launches guide to support Ukrainian refugees in Romania: Legal education programme for individuals fleeing Ukraine in Romania
:: Юридична освітня програма для осiб, якi залишають Україну в Румунії

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