LAW OF THE REPUBLIC OF MOLDOVA

of April 12, 2015 No. 71

About modification and amendments in some legal acts

This organic law is adopted based on provisions of article 106-1 of the Constitution by acceptance on itself the Government of responsibility to Parliament.

Art. I. – Item 8 of article 10 of the Law No. 845-XII of January 3, 1992 on entrepreneurship and the companies (The official monitor of the Republic of Moldova, 1994, No. 2, the Art. 33), with subsequent changes and amendments, the first offer to state in the following edition:

"Not specifying or incorrect specifying by the managing subject supplier in superimposed/tax delivery note of the delivery price to one unit established by the managing manufacturing subject on the goods made in the territory of the country and the size of the cumulative trade allowance or the price of acquisition per unit of the imported goods and the size of the cumulative trade allowance in case of delivery of socially important goods which list affirms the Government attracts imposing of penalty in the amount of 10 percent of cost of the transaction with socially important goods, but at least 500 lei for each superimposed/tax delivery note.".

Art. II. – In article 13-1 of the Law No. 146-XIII of June 16, 1994 on the state company (Official monitor of the Republic of Moldova, 1994, No. 2, of the Art. 9), with subsequent changes, to make the following changes and addition:

part (to state 2) in the following edition:

"(2) the Ministry of Finance annually submits to the Government for approval the list of auditor societies for carrying out financial records audit of the companies which are selected according to the criteria established in part (3). The procedure for selection of auditor societies and the sphere of powers are established by the Government.";

in part (3):

Item and) to state in the following edition:

"a) as of December 31 of the previous accounting period, at least 2 certified auditors are specified in appendix to the license for implementation of auditor activities";

add with Item c) of the following content:

"c) have performed by annually, for the last 2 years of, at least, 10 agreements on audit of annual financial reports, with issue of audit opinion".

Art. III. – In article 89 of the Law on No. 1134-XIII of April 2, 1997 about joint-stock companies (repeated publication: The official monitor of the Republic of Moldova, 2008, Art. No. 1-4, 1), with subsequent changes and amendments to make the following changes and addition:

in part (1) the second offer to state in the following edition:

"(1) the Ministry of Finance annually submits to the Government for approval the list of auditor societies for carrying out financial records audit of societies in which the share of the state exceeds 50 percent of the authorized capital which are selected according to the criteria established in part (1-1). The procedure for selection of auditor societies and the sphere of powers are established by the Government.";

part (1-1):

Item and) to state in the following edition:

"a) as of December 31 of the previous accounting period, at least 2 certified auditors are specified in appendix to the license for implementation of auditor activities";

add with Item c) of the following content:

"c) have performed by annually, for the last 2 years of, at least, 10 agreements on audit of annual financial reports, with issue of audit opinion".

Art. IV. – In the Tax code No. 1163-XIII of April 24, 1997 (repeated publication: The official monitor of the Republic of Moldova, special release of February 8, 2007), with subsequent changes and amendments to make the following changes and additions:

1. Add Article 5 with Items 40-1), 43) and 44) of the following content:

"40-1) Payment instrument – the personalized means (payment card, the mobile phone, etc.) and/or any series of the procedures (technical – PIN codes, TAN codes, other types of codes, the login/password, etc. or functional – credit transfer, direct debiting) approved between the user of payment services and the payment service provider and used by the user of payment services for initiation of the payment order".

The paragraph third Item 1 of the article IV сeased to be valid according to the Law of the Republic of Moldova of 17.06.2016 No. 138

44) Samples of goods – any unit, representing goods type, manner of provision and which quantity, for goods of the same type, do not allow its use for the purpose of, orders for goods of this kind, other than obtaining.".

2. In article 7 part (to state 5) in the following edition:

"(5) the Taxpayers having divisions out of administrative and territorial unit of the main location (legal address) submit on them tax reports and pay taxes and fees (except for the value added tax, excises and charges intended for transfer in road fund and the income tax from operating activiies) in budgets of administrative and territorial units for the location of divisions.".

3. Ceased to be valid according to the Law of the Republic of Moldova of 17.06.2016 No. 138

4. In part (3) Article 14 the text "and (3-4)" to replace with the text", (3-4) and (3-5)".

5. In Item and) Article 15 "27852 leu" to replace the text in both cases with the text of "29640 lei".

6. In Item and) to "compulsory national insurance" to add articles 19 after words with words "the payments specified in part (20) Article 24".

7. Article 20:

Item g) to declare invalid;

add with the Item u-1) of the following content:

"u-1) percentage charges on government securities;".

8. Article 24:

part (to add 3) at the end with the text "except for expenses which are regulated by this Article";

add with part (4-1) following of content:

"(4-1) V departure from provisions of this Article, Articles 26 and 27, deduction of depreciation and maintenance costs, functioning and repair of the cars used by persons specified in compound groups 112 and 121 of the Qualifier of the occupations of the Republic of Moldova subtracted according to this Section are allowed on machines for each division of business entity, including its head office.";

The paragraph the fifth Item 8 of the article IV сeased to be valid according to the Law of the Republic of Moldova of 17.06.2016 No. 138

in part (16) changes are made only in the text in state language;

add with part (20) the following content:

"(20) the deduction of the annual expenses incurred by the employer on fees of supplementary medical insurance of the employee at the rate to 50% of fee of the compulsory medical insurance calculated in fixed amount in absolute value, established for categories of the payers provided in appendix 2 to the Law No. 1593-XV of December 26, 2002 for the corresponding year Is allowed".

9. In part (2) Article 26 of the word "accounting" to exclude.

10. In Article 27:

part (9):

Item a) after the words "repair of highways" to add with words ", international air passenger and cargo vehicles";

in Item b) after words to "lease (property hiring)" to add with words "operational leasing of means of the international air vehicle", and at the end to add with words ", and for the international air vehicle - in the amount of 100%";

in Item a) parts (words of "book value" shall be replaced with words 10) "balance sheet";

add with part (12-1) following contents:

"(12-1) Since 2014 tax periods the deduction of depreciation of fixed assets is allowed, received gratuitously and enacted in the tax periods preceding 2014 which cost is included in the taxable income of the taxpayer. Depreciation of these fixed assets is estimated proceeding from the cost reflected in balance of the taxpayer as of December 31, 2013".

11. In Article 28 of the word of "service" to replace in both cases with the word "uses".

12. In part (Article 31 of the word "the approved National Bank of Moldova" to replace 3) with abbreviation of "IFRS".

13. Article 33:

in part (figures "9516" to replace 1) with figures "10128";

in part (figures "14148" to replace 2) with figures "15060".

14. Article 34:

in part (figures "9516" to replace 1) with figures "10128";

in part (figures "14148" to replace 2) with figures "15060".

15. Article 35:

in part (the text "2124 leu" to replace 1) with the text of "2256 lei", and figures "9516" – figures "10128";

in Item b) parts (figures "9516" to replace 2) with figures "10128";

in part (the words "Guardians and Custodians of Minors aged from 14 up to 18 Years" shall be replaced with words 3) "The curator of minors aged from 14 up to 18 years and the legal custodian", and the text "Item d) parts (" to replace 2) with the text "Item b) parts (2)".

16. Article 36:

in part (figures "10" to replace 1) with figure "2";

in part (the words "estimated in the employer, and also the amounts of fees of compulsory medical insurance" to exclude 6);

add Article with part (8) the following content:

"(8) Employers are allowed to subtract the payments which are actually suffered in connection with temporary disability benefits, caused by regular diseases or injuries, not work-related, according to article 4 of the Law No. 289-XV of July 22, 2004 on temporary disability benefits and other benefits of social insurance".

17. Article 44:

part (to add 3) with Item c) the following content:

"c) the losses connected with return of the assets delivered in previous years, the amounts of reduction of prices, the discounts and discounts which are provided/received during the accounting period for the deliveries/purchases made in previous years are considered and subtracted for the purpose of the taxation in financial year in which they were established and/or calculated and/or allocated";

in parts (7) and (words of "International accounting standards" to replace 9) with abbreviation of "IFRS".

18. In part (Article 46 of the word to "International accounting standards" to replace 3) with abbreviation of "IFRS".

19. Article 49:

in Items c) and d) the words "fixed assets" shall be replaced with words "fixed assets";

add at the end with the paragraph of the following content:

"The procedure for application of the corresponding tax benefits is established by the Government.".

20. State Article 51-3 in the following edition:

"Article 51-3. State and private educational institutions

State educational institutions, in departure from Article 51, and private educational institutions are exempted from tax on income gained from direct implementation of educational process according to the Code about education.".

21. In article 54 part (to add 3) after words of "workers" with words ", and also economic agents", and after the word "technical" to add in both cases with the words "and investment".

22. Article 54-1:

part (to recognize 2) invalid;

part (to state 3) in the following edition:

"(3) the Business entities specified in part (1), as of December 31 of the tax period preceding the declared tax period gained income from operating activiies on the deliveries exempted from the VAT or the deliveries exempted and liable to VAT in the amount to 600 000 lei, can choose the tax regime applied in generally established procedure. The choice of tax regime is performed by its specifying in accounting policy of business entity.";

add with part (3-1) following of content:

"(3-1) Specified in part (1) business entities who as of December 31 of the tax period preceding the declared tax period gained income from operating activiies on the deliveries exempted from the VAT in the amount of, exceeding 600 000 lei, apply the taxable mode in generally established procedure.".

23. Article 54-2:

the single part becomes part (1);

add with part (2) the following content:

"(2) For the purpose of application of provisions of this Chapter, the return cost of goods or discount (reduction) shall reduce the taxation object size in tax period in which return of goods took place (discount is provided) including in case sale of the corresponding goods was performed in the previous tax periods.".

24. Article 54-4:

part (to state 2) in the following edition:

"(2) Calculation of tax is performed annually. The tax discharge in the budget is performed by installments, quarterly, to the 25th following the respective quarter.";

add with parts (2-1), (5) and (6) the following content:

"(2-1) Taxpayer have the right to offsetting of the income tax from operating activiies paid in any foreign state according to the conditions provided in Article 82.";

"(5) the Taxpayers having branches and/or divisions out of administrative and territorial units of the main location (legal address) pay the estimated tax to the budget according to the main location (legal address) of the taxpayer.

(6) the Responsible person of the taxpayer who initiated procedures of the termination of activities shall in 6-month time from adoption of such decision, according to the current legislation, submit the report on tax on the income from operating activiies.".

25. Add with Article 69-6 of the following content:

"Article 69-6. Procedure for calculation, payment and declaring

(1) Calculation of the income tax is performed by application of rate of tax to the monthly leviable income.

(2) Calculation of tax is performed monthly. Payment in the budget is performed to the 25th following month under report.

(3) the Report on the income tax is submitted no later than the 25th following for declared month.

(4) the Form and procedure for filling of the report on the income tax affirm the Ministry of Finance.".

26. In Item a) parts (Article 75 of the word of "management and all-administrative expenses" shall be replaced with words 2) "administrative expenses", and words of "International accounting standards" - abbreviation of "IFRS".

27. In part (Article 76 of the word of "International accounting standards" to replace 3) with abbreviation of "IFRS".

28. Article 79-3:

part (2):

in the third offer of the word "in the original" shall be replaced with words "on paper in the original and/or electronically.";

after the third offer to add with the offer of the following content: "The procedure for confirmation of resident by provision of certificates is electronically established by the Government.";

add with part (9) the following content:

"(9) the Procedure for the certificate and confirmation of residence of the Republic of Moldova for the purpose of use of provisions of conventions (agreements) on avoidance of double taxation signed between the Republic of Moldova and other states is established by the Government.".

29. In Item b) parts (articles 83 of figure "9516" to replace 2) with figures "10128", and "27852 leu" to replace the text in all cases with the text of "29640 lei".

30. Article 84:

in part (2) the text "to parts 1 and (1-1)" to replace with the text "parts (1)";

in part (words of "the main location" shall be replaced with words 3) "the main location (legal address)".

31. In article 88 part (to add 6) after the word "Worker" with the words "and person specified in part (5) this Article".

32. To add article 89 after the word "Each" with the words "specified in Article 90".

33. Article 92:

in part (the text to "Articles 88-90 and 91" to replace 3) with the text "to Articles 88-90 and 90-1 – in part in which the size of the paid income exceeds the personal release established in part (1) Article 33 and according to Article 91";

part (to "their receivers" to add 4) after words with the text" (except for receivers who gained income according to Article 90-1)";

add with part (4-1) following of content:

"(4-1) in case of entering of adjustments into information provided according to part (3), persons specified in part (3), shall inform the receiver of payments within 15 working days of date of modification or decision making on the case of tax offense";

part (to recognize 11) invalid;

add with part (13) the following content:

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