Ordinance No. 15/2012 for the modification and the completion of the Fiscal Code brings clarifications regarding the legal agreements’ taxation, intellectual property and agent contracts

The main changes brought by the ordinance clarify the tax calculation and withholding procedures for certain income categories, as follows:

• Income tax and individual social security contributions to related incomes obtained, based on legal agreements contracts and agent contracts are calculated and withheld by the income payers, except for the incomes obtained by the persons that are fiscally registered
• Excepting the provisions mentioned above, for incomes obtained based on agent contracts, the income payers calculate and withheld the mandatory social security contributions, irrespective of the fiscal registration of the agent
• Regarding the intellectual property incomes and incomes based on civil contracts, obtained by persons that are not fiscally registered and incomes based on agent contract, if the income is singular, the computation base threshold for health insurance contribution is the minimum wage and is annually verified by the fiscal authorities based on the informative returns deposited by the income payer. The social security contribution is calculated and withheld by the income payers and is considered a final obligation.

The changes are effective as per September 1st, 2012.