Romania: Tax amnesty law regarding the reclassification of gift vouchers as salary

Law 43/2023 on the introduction of a tax amnesty for tax liabilities, including interest and penalties for late payment, calculated by the tax authorities following the reclassification of income from gift vouchers obtained by individuals from persons other than employers, from the category of income from other sources to the category of salary income, was published in the Official Gazette no. 163 on 24 February 2023.

The tax amnesty applies to all tax liabilities relating to the period 26 May 2006 to 31 December 2020 calculated by the tax authorities following the reclassification.

The tax amnesty targets both assessed and unpaid tax liabilities as well as tax debts already paid by companies. In the latter case, companies will be able to apply for a refund based on a procedure which will be approved by a subsequent Order to be published by the tax authorities within 30 days.

Also, for the aforementioned period, the tax authorities are not allowed to perform any reclassification in this matter in their future tax audits.