Here are some provisions of interest from the new law:
- The Labour Code and OG no. 2/2001 on the legal regime of contraventions are amended, and the employment of a person without an individual employment contract is sanctioned with a fine of 40.000 RON, without being able to exceed the cumulative amount of 1.000.000 RON.
- Law no. 31/1990 on companies is amended, as follows:
2.1. Minimum share capital value of limited liability companies is determined based on the level of net turnover reported in the annual financial statements for the previous financial year, respectively, in the case of companies that have recorded a net turnover exceeding 400,000 RON, the minimum share capital value is 5,000 RON.
In the case of newly established SRLs, the minimum share capital is 500 RON.
- The minimum share capital shall be increased by the end of the year following the year in which the turnover of 400,000 RON is exceeded.
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If the turnover decreases in subsequent years, the share capital remains unchanged.
2.2. Assignment of the shares of a shareholder of an LLC who holds control of the company is enforceable against the central tax authority, under the following conditions:
a) The parties to the transfer or the company must notify ANAF of the transfer deed within a maximum of 15 days from the date of signing.
b) If the company records outstanding tax liabilities, the company itself or the assignee of the shares must provide guarantees covering the value of the outstanding obligations evidenced in the tax clearance certificate.
c) Upon registration of the transfer with the Trade Register (ORC), if the company records outstanding tax liabilities, proof of the approval of the tax authority regarding the provision of guarantees must be submitted.
2.3. If a company governed by Companies Law No. 31/1990 is declared inactive pursuant to Article 92(4) of Law No. 207/2015 for a period longer than that provided by law, the company shall be dissolved under the conditions set out in Article VIII of Law No. 239/2025.
3. Income from independent accommodation activities:
3.1. The annual net income from the provision of accommodation services is determined by deducting from the gross income the expenses calculated by applying a flat-rate percentage of 30% to the gross income.
3.2. The commission retained by the entities that facilitate the rental is not included in the gross income.
3.3. The annual tax due is calculated by applying the 10% rate to the annual net income.
3.4. Taxpayers are required to complete and keep the accommodation capacity occupancy record.