LAW NO. 120/ 2015 PROVIDES THE CONDITIONS ACCORDING TO WHICH PHYSICAL PERSONS CAN BENEFIT FROM THE FISCAL FACILITIES, AFTER OBTAINING SOCIAL PARTIES THROUGH INVESTMENTS IN MICRO – ENTERPRISES AND SMALL ENTERPRISES.

The micro – enterprises and the small enterprises must accomplish the following conditions:

  • they must be constituted as societies of limited responsibility;
  • they must be autonomous enterprises;
  • – they must not be in bankruptcy or payment incapacity, and the preventive arrangements or the society liquidation must not be commenced.
In order to benefit from the fiscal facilities, the physical persons must respect the following criteria:

  • they must become associates in micro – enterprises or in enterprises by financial contribution to the social capital of the Society;
  • they must invest an amount around 3 000 – 200 000 EUR;
  • the investment must be realized only in order to accomplish the main activity object;
  • they must not possess actions inscribed in the fiscal records;
  • they must not possess over 49% of the social capital of the enterprise or of the micro – enterprise;
  • they must not sell the social parts at least 3 months after the acquisition;
  • – they must not be incapable or condemned for certain infractions;
Concerning the fiscal facilities, the individual investors shall be excluded from taxes concerning incomes received as dividends for a period of 3 years from the acquisition of the social parties for the dividends linked to the social parties purchased. Furthermore, they shall be excluded from the taxes resulting from the transfer of the social parties if the social parties transfer is realized at least 3 months after the purchase.

Published in the Romanian Official Journal no. 382 of the 2nd of June 2015
The act has entered into force on the 17th of July 2015
Publisher: the Romanian Parliament