LAW REPUBLIC OF MOLDOVA

of July 31, 2024 No. 214

About modification of some regulations (relating to budget and tax and customs policy)

The Parliament adopts this organic law.

This law shifts Items (a) and (d) of part (8) Article 89 of Regulations (EU) No. 952/2013 of the European parliament and Council of October 9, 2013 about establishment of the Customs code of the Union (in the new edition), CELEX: 32013R0952, European Union published in the Official magazine L 269 of October 10, 2013, with the subsequent changes made by Regulations (EU) 2022/2399 European parliament and Council of November 23, 2022.

Art. I. – Item 5-1 of article 10 of the Law on entrepreneurship and the companies No. 845/1992 (1994, 2, Art. 33), with subsequent changes, to state the monitor of Parliament of the Republic of Moldova to No. in the following edition:

"5-1. Non-compliance with provisions of Article 7-1 attracts imposing of penalty in the amount of 4000 to 6000 lei for each case. Control and application of sanctions are performed by the State Tax Administration.".

Art. II. – In the Tax code No. 1163/1997 (repeated publication: The official monitor of the Republic of Moldova, special release of February 8, 2007), with subsequent changes to make the following changes:

1. In all text of the code of the word" (its department or branch)" and "(their departments or branches)" to replace respectively with words "department" and "departments" in the corresponding case, and the words "tax offense" – the words "violation of the law" in the corresponding number and case.

2. In Article 5:

in Item 29) the word "branch" to exclude;

in the subitem g) Item 32) to replace figures "1000" with figures "2000";

36) to state Item in the following edition:

"36) Professional services – independent scientific, literary, artistic, educational, teaching activities, independent activities of engineers, architects, auditors and accountants, and also any other independent activities performed according to the legislation. Provisions of this Item do not extend to persons specified in Items 36-2) and 36-3).";

the subitem b) Item 46) to add with the words "including if the place of residence/stay is cancelled no more than in 90 calendar days prior to date of alienation.";

add Article with Items 47) and 48) of the following content:

"47) the Long-term program of stimulation (stock option plan) – the program initiated within the legal entity or his affiliated legal entities, approved by general meeting of unitholders/shareholders which to his workers and/or managing directors having resident status in understanding of this Code is granted the right to acquisition on preferential price or non-paid receipt of certain quantity of shares (shares) issued by the specified legal entity, but no more than 25 percent of the authorized capital, concerning all participants of the program. For qualification of the program as stock option plan the appropriate program shall cover at least three years from the moment of provision of the right and until its realization (purchases/receipts of shares (shares).

48) Pai (share) – any share or other share in the authorized capital of the legal entity.".

3. In Article 6:

Item m) parts (to declare 6) invalid;

part (to recognize 11) invalid.

4. Item f) parts (articles 8 after the words "on the first demand of" to add 2) with the words "or at most within one working day from the date of completion of operating tax control", and shall be replaced with words the words "and charges" ", charges and other obligatory payments".

5. In Article 19:

in Item and) shall be replaced with words the words "and fees on compulsory national insurance of the payments specified in parts (19-3), (19-4) and (20) Articles 24, and also payments of the expenses on journey, food and professional education of the worker incurred and determined by the employer according to the procedure, established by the Government;" ", the payments specified in parts (19) and (24) Articles 24, not exceeding the limit set by the Government, and the payments specified in Articles (19-3), (20) and (26) Articles 24, not exceeding limit, stipulated in Clause 24;";

recognize the Items a 2) and 3) invalid.

6. In Article 20:

to state Item with 2) in the following edition:

"with 2) gifts in natural form, including the vouchers provided to workers whose annual amount counting on one worker does not exceed in total 10% of the average monthly salary on the economy predicted and approved by the Government for the corresponding year;";

state the Item d 6) in following content:

"d 6) the expenses specified in parts (19), (19-3), (19-4), (20), (24) and (26) Articles 24, not exceeding the limit set by the Government or this code;";

Item y) to state in the following edition:

"y) income gained by physical persons, except for individual entrepreneurs and peasant farms from delivery of returnable tare, waste and remaining balance of paper and cardboard, rubber, plastic, glass (cullet), the fulfilled electric accumulators transferred separately or as components of waste of the electric or electronic equipment;";

add the Item y 3) with the words "and from alienation of the car which was in property of the taxpayer at least three years before date of alienation, except for the vehicles having historical or ethnographic value;";

add Article with the Items z 20) – z 23) of the following content:

"z 20) the income of physical resident persons gained in the form of capital gain or percent, connected with the government securities and/or bonds issued by bodies of local public authority;

z 21) income gained from sale of electrical energy by physical resident persons who make energy from renewable sources and to which the netaccounting mechanism / нетто-фактурирования according to the Law on promotion of energy use from renewable sources No. 10/2016 is used;

z 22) the rights granted within stock options plan, at the time of their provision in accordance with the terms, established by the Government;

z 23) income gained by the system operator and/or heat power unit owing to non-paid obtaining:

– lines and power plants according to the Law on the electric power No. 107/2016;

– gas installations according to the Natural Gas Act No. 108/2016;

– thermal networks and/or heat power installations according to the Law on heat energy and promotion of cogeneration No. 92/2014.".

7. Part (Article 21 to state 6) in the following edition:

"(6) Income gained by the taxpayers performing business activity from the economic transactions with the founder physical persons or other affiliated physical persons who are not performing business activity made at the price below market is adjusted for tax purposes to market price.

Provisions of this part are not applied to transactions to which in case of determination of the price the principle of outstretched arm was applied, and also to which Article 19 provisions were applied.".

8. In Article 24:

the first offer of part (to add 8) with words ", except for transactions according to which in case of determination of the price the principle of outstretched arm was applied.";

part (19-2) after words "for benefit of the worker", to add with words of "the student trainee and/or the pupil based on the legal relationship regulated by the Code about education and/or the Law on dual education No. 110/2022,";

part (19-3) to state in the following edition:

"(19-3) the deduction of the expenses incurred and determined by the employer for benefit of the worker Is allowed on:

a) gifts in natural form, including the vouchers provided to workers whose annual amount counting on one worker does not exceed in total 10% of the average monthly salary on the economy predicted and approved by the Government for the corresponding year;

b) advanced training of workers, except the provided part (19), and also on the activities connected with strengthening of corporate culture and command spirit, according to the procedure, established by the Government, – in the annual size which is not exceeding 5% of the amount calculated as difference between the salary fund of all on the company determined the previous or current year and the salary fund of persons specified in compound groups 112 and 121 of the Qualifier of occupations of the Republic of Moldova for the corresponding year. For the purpose of this Item the salary fund is understood as the salary, other remunerations for the performed work, including financial support;

c) the subscriptions on use of sporting venues for sports activities and physical culture in the supporting, preventive or medical purposes acquired at suppliers whose activities are classified by codes 93.11, 93.12 or 93.13 of the Qualifier of types of economic activity of Moldova, including at their intermediaries – in annual size to 50% of the average monthly salary on the economy predicted and approved by the Government for the corresponding year counting on one worker;

d) the conclusion of the contract for rendering medical services – in the amount of the average monthly salary on the economy predicted and approved by the Government for the corresponding year counting on one worker.

Provisions of this Item do not limit the right to deduction for the purposes of the taxation of the expenses listed in Items and) – d) if part is applied to the amount exceeding the specified extreme size (19-2).";

in part (26) the last offer to exclude;

add Article with part (27) the following content:

"(27) the deduction of the expenses incurred by the legal entity for the purpose of redemption/cancellation of the option from stock option plan is not allowed.".

9. Part (to state 6-1) Articles 261 in the following edition:

"(6-1) V departure from part provisions (6) business entities, excellent from performing financial, insurance/reinsurance activities, provided by the Section K of the Qualifier of types of economic activity of Moldova, can use accelerated depreciation method within the first year of commissioning of fixed asset. The size of fixed asset depreciation which is deductible is determined as follows:

a) in the first year of use depreciation cannot exceed 50 percent of original cost of fixed asset;

b) in the years ahead uses depreciation is calculated by division of unamortized cost of fixed asset into remaining period of its useful service.".

10. In Article 31:

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