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Sample imagePresident of Association of Auditors and Management Consultants from the Republic of Moldova, General Director of audit company „Ecofin-Audit-Service” SRL, editor in chief of "Fin-Consultant" magazine, economist, Mr. Ion Prisacaru has signed a new original book, which has recently appeared at the publishing house ”Gunivas” – “Return to roots”. (Read more...)
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April 2012

We propose you to get acquainted with the legislative amendments and completions published in the Official Gazette of the Republic of Moldova during April, 2012.

Entrepreneurship

1. Changes were made to the Government Decision No. 1001 of September 19, 2001 "On the declaration of goods by the economic operators from the eastern region of the Republic of Moldova". As a result of the amendments, it was established that the procedure of declaration and customs clearance of goods brought into / out of the customs territory of the country by traders from the eastern part of the Republic of Moldova, registered at the State Registration Chamber, shall be performed according to the requested customs system, on general principles, without paying import duties, except for customs duty performance, on condition of remaining the goods in the territory not controlled by the constitutional bodies. Fees for customs duty performance shall be charged in amounts set by the law in force. Economic operators in the eastern region of the Republic of Moldova that are not registered at the State Registration Chamber, on entering the goods into the customs territory of the Republic of Moldova and transported to their address shall not pay import duties on brought goods, on condition of remaining the goods in the territory not controlled by the constitutional bodies and declaring them in the form prescribed by the Customs Service. (Government Decision No. 258 of April 25, 2012, Official Gazette of the Republic of Moldova No. 81 of April 26, 2012).

2. In the Official Gazette of the Republic of Moldova No. 72-75 of April 13, 2012, was republished the Law on audit activity No. 61-XVI of March 16, 2007. The mentioned law lays down the legal framework for organizing the audit activity by audit companies and individual entrepreneurs - auditors, and it standardizes the performance of the profession of auditor.

3. It was republished the Law on conflict of interests No. 16-XVI of February 15, 2008. The mentioned law regularizes the incompatibilities and restrictions imposed on persons exercising functions of public title, public functions or other functions, the resolution of the conflicts of interests, as well as the presentation manner of the declaration on conflict of interests. (Official Gazette of the Republic of Moldova No. 72-75 of April 13, 2012).

Tax legislation

1. Changes and additions were made to the Tax Code No. 1163-XIII of April 24, 1997 (republished in the Official Gazette of the Republic of Moldova, special edition of February 8, 2007) in order to improve tax legislation. Amendments and additions were related mainly to the following subjects:

  • Noncommercial organizations. The gap in the Article 52 was cleared. For the purposes of income tax exemption there was established that the noncommercial organizations shall include organizations registered only in compliance with the law on public associations. Thus, other noncommercial organizations, such as, for example, foundations, have not been covered by this article, in this way they have not had the right to benefit of exemption from income tax. As a result of the changes made in the Article 52 all organizations that have status of noncommercial organizations shall be covered by this Article.
  • Payment by installments of the income tax. Since the income tax from the entrepreneur activity has been reintroduced, obligation to pay it in installments during the management year has occurred. Given the fact that for some economic operators is difficult to predict the revenue, which they will get during the management year, it was established that the income tax shall be paid by installments at the discretion of the taxpayer from the forecasted income or from the taxable income calculated for 2011 (Article 84).
  • Exemption from VAT. As a result of completion to the Article 103 Section 5), exemption from VAT on training and professional services of the staff was reintroduced. At the same time, as a result of formalizing the Article 103 Section 10), it was established to exempt from VAT the packages of travel services only, and the rest of the payments such as commissions and trade margins shall be taxed with VAT according to general principles.
  • Exemption from VAT and excise duties. As a result of completion of the Article 103 with paragraph 93 and Article 124 with paragraph 111, it was established to exempt the goods of noncommercial purposes imported by legal entities from VAT and excise duties, if their customs value does not exceed 100 euros. If the customs value of goods exceeds the said tax-free limit, fees are paid starting from the customs value of the goods and the tax-free limit does not reduce their taxable value.
  • Simultaneously, there were made additions to the Law on customs tariff No. 1380-XIII of November 20, 1997 (republished in the Official Gazette of the Republic of Moldova, special edition of January 1, 2007), establishing that the goods of noncommercial purposes entered into the territory of the Republic of Moldova by legal persons and placed under import customs system, whose value does not exceed 100 euros, shall be exempted from customs duties. (Law No. 62 of March 30, 2012, Official Gazette of the Republic of Moldova No. 64 of April 3, 2012).

    2. In order to support farmers, the Article 84 paragraph 2 of the Tax Code No. 1163-XIII of April 24, 1997 was amended (republished in the Official Gazette of the Republic of Moldova, special edition of February 8, 2007). The term of payment in installments of the income tax was changed for agricultural enterprises and peasant households (farms). Thus, they shall pay the income tax in two stages: ¼ - until September 30 and ¾ - until December 31 of the tax year. Until the change was made, it was prescribed the tax payment by March 31 and by December 31 of the tax year. (Law No. 63 of March 30, 2012, Official Gazette of the Republic of Moldova No. 64 of April 3, 2012).

    3. Other changes made to the Tax Code No. 1163-XIII of April 24, 1997 (republished in the Official Gazette of the Republic of Moldova, special edition of February 8, 2007) are also related to support farmers and develop the agriculture of the country. In order to exclude situations of irregular application of tax legislation it was established that 8% VAT rate shall be applied to all primary agricultural products produced and delivered throughout the country, similar to the existent version until January 13, 2012 (Article 96 letter B) dash five). In order to create the unique conditions of fiscal equity for farmers, it was also extended the provision related to non-application of VAT for all primary agricultural products produced and delivered throughout the country at a price lower than its cost. The mentioned changes to the Tax Code became effective by January 13, 2012. As a result of the amendment to the Law on customs tariff No. 1380-XIII of November 20, 1997, there was established "0" rate on customs duty for goods from tariff position 230990 titled "Other preparations of the kinds used in animal feeding." Until the respective change was made the customs duty was of 10% rate. (Law no. 54 of March 22, 2012, Official Gazette of the Republic of Moldova No. 72-75 of April 13, 2012).

    4. In order to harmonize the reports with the amendments made to the Tax Code, the Main State Tax Inspectorate approved the new forms of reports associated with the local taxes, and namely: Standard form of the report for the fee for placement (location) of advertising (posting); Standard form of the report for advertising devices fee; Standard form of the report for market fee; Standard form of the report for the fee from owners of vehicles; Standard form of the report for fee for street trading units and / or rendering of services. (Order of the Main State Tax Inspectorate No. 175 of March 28, 2012, Official Gazette of the Republic of Moldova No. 70-71 of April 6, 2012).

    5. Main State Tax Inspectorate approved the Instruction on how to submit the tax reports in electronic form. The mentioned instruction establishes the manner of drawing up, signing, sending and receiving the tax reports in electronic form by taxpayers who submit tax reports using automated electronic reporting methods through "Electronic statement" service. (Order of the Main State Tax Inspectorate No. 183 of March 30, 2012, Official Gazette of the Republic of Moldova No. 76-80 of April 20, 2012).

    6. For guiding the work in respect of the tax obligations records, the Ministry of Finance has issued Information on peculiarities of records related to tax obligations. The mentioned information includes explanations in connection with the application of deadline for repayment of the amounts which reimbursement is governed by the law in force, and of the amounts in addition, the deadline set for interest calculation, issuance of the certificate of no debts to the budget, income tax return to natural persons, submission of corrected tax reports and arrears management. (Information of the Ministry of Finance No. 26-06/2-11/455/1306 of March 7, 2012, Official Gazette of the Republic of Moldova No. 65-69 of April 6, 2012).

    7. A new version of the standard form of the Demand for real assets tax was approved. This demand contains calculations for real assets of the legal persons who are not engaged in entrepreneurial activities and the peasant households (farms), and this must be sent off to each taxing subject by the tax administration authorities no later than 60 days before expiry of the first tax payment deadline (August 15). (Ministry of Finance Order No. 44 of April 9, 2012, Official Gazette of the Republic of Moldova No. 76-80 of April 20, 2012).

    8. Changes were made to the Government Decision No. 246 of April 8, 2012 "On the manner of application of zero rate of VAT for supplies of goods and services rendered throughout the country, and granting tax and customs facilities for technical assistance and investment projects underway, which are covered by international agreements to which Moldova is a party ", the Supplement No.1 and No.2 to this being set up in a new version. (Government Decision No. 202 of April 6, 2012, Official Gazette of the Republic of Moldova No. 76-80 of April 20, 2012).

    Labour legislation

    1. The provisions of the Law No. 289-XV of July 22, 2004 on temporary disability allowances and other social insurance benefits have been under examination within the formalizing of the Law No. 56 of June 9, 2011 and No. 3 of January 15, 2012, through which the conditions of the allowance for temporary work disability were amended. Thus, it was established that the first day of temporary work disability to be supported at the expense of the insured person (employee) and the second, third and fourth day of temporary work disability are to be paid to employee from the employer's funds. The Constitutional Court declared unconstitutional only the provision that requires the employee to pay the first day of temporary work disability. As argument, the Court referred to Article 47 paragraph (2) of the Constitution, which guarantees to citizens the right for insurance in the event of sickness. The Court considers that it is inadmissible for the state to require the employees to carry out an obligation (in this case, the payment of social insurance premiums), but at the same time, neither to take into consideration their interests protection when they are affected by events not depending on their will that can lead to incapacity of work and are insured by the payment of social insurance premiums. The mentioned decision entered into force on April 10, 2012. Currently, the Parliament is to regulate the caused legal vacuum, establishing the source of funding the first day of temporary work disability. (Decision of Constitutional Court No. 5 of April 10, 2012, Official Gazette of the Republic of Moldova No. 76-80 of April 20, 2012).

    2. In order to bring the Government Decision No. 743 of June 11, 2002 "Regarding the wages of employees from units with financial autonomy" in accordance with the Law on salaries No. 847-XV of 14.02.2002, this was amended, and it was established that the monthly total amount of the employee in the unities of financial autonomy can not be less than the amount of the minimum guaranteed salary in the real sector, established by the Government, regardless of the applied salary system. At the same time, changes were introduced in the Government Decision No. 165 of March 9, 2010 „On the amount of the guaranteed minimum salary in the real sector”. It was established that strating from May 1, 2012, the amount of the guaranteed minimum salary in the real sector shall be MDL 7,70 per hour or MDL 1300 per month, calculated for a full working program of 169 hours per month on average. Untill the modifications the amount of the guaranteed minimum salary in the real sector was MDL 6,51 per hour or MDL 1,100 per month. (Government Decision No. 260 of April 25, 2001, Official Gazette of the Republic of Moldova No. 82-84 of April 27, 2012).

    Regulations in various domains

    1. The Contravention Code of the Republic of Moldova No. 218-XVI of October 24, 2008 was completed with a new article - 3321, which establishes contravention liability for violation of rules on transportation in our country of aliens, and namely: introduction by the carriers of aliens who do not hold valid document of state border crossing; refusal of the carrier to provide immediate transportation of mentioned aliens to the boarding place or other place accepted by the foreign citizen; non submission, incomplete or erroneous submission by the air carriers of the data regarding their passengers, upon request of the Border Police. (Law No. 19 of February 23, 2012, Official Gazette of the Republic of Moldova No. 82-84 of April 27, 2012).

    2. Law on protection of marks No. 38-XVI of February 29, 2008 was completed and amended. The amendments and additions relate to the procedure for finding the notoriety of the mark: the submission of application, documents to be attached, the criteria for finding the mark’s notoriety and decision on finding the notoriety of the mark. (Law No. 20 of February 23, 2012, Official Gazette of the Republic of Moldova No. 76-80 of April 20, 2012).

     

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