Tax Flash nr. 80
17 October 2022
In the Official Gazette no. 967 of October 4th, 2022, was published Order no. 3265/21453/2022 regarding the amendment and completion of the Order of the Minister of Public Finance and of the Minister of National Education and Scientific Research no. 1056/4435/2016 for the approval of the Norms regarding deductions for research and development expenses when calculating the fiscal result for corporate income tax purpose.
The main amendments, applicable starting January 1st, 2023, are presented bellow:
- Regarding the research-development project, which is one of the necessary conditions for granting the additional deduction when calculating the fiscal result for corporate income tax purpose, it is stated that it must also contain the purpose and the budget of the project.
- The tax provisions that contained examples of activities that do not represent research-development activities are eliminated and it is mentioned that experimental development activities will also be taken into account within the technological development activities.
- In order to clasiffy the projects and activities as research-development, a body of experts registered in the National Register of Experts will be constituted, for the certification of the research-development activity. In this sense, it is introduced the obligation for large taxpayers to request the certification of research and development projects by an expert registered in the National Register of Experts, in order to benefit from the tax facilities from article 20 of the Tax Code.
For the rest of the taxpayers, the certification by an expert, in order to apply the tax facilities from article 20 of the Tax Code, is optional.
- Projects and research-development activities financed from national and international public funds do not require certification by experts registered in the National Register of Experts for the certification of research-development activity.