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MF Order no. 10/2024 on the determination of assets for fiscal indicators I and A, published in the Official Gazette

MF Order no. 10/2024 on the determination of assets for fiscal indicators I and A, published in the Official Gazette

Numărul 1, 10-16 ian. 2024  »  Finance & Economics

Conf. univ. dr. Marcel Vulpoi, expert contabil

MF Order no. 10/2024 for establishing the assets included in indicators I and A provided for in art. 181 para. (3) and art. 183 para. (2) from Law no. 227/2015 regarding the Fiscal Code was published in the Official Gazette, Part I no. 6 of January 4th, 2024.

The main provisions:

1. The eligible assets considered for the determination of indicators I and A, provided for in art. 18_1 para. (3) and art. 18_3 para. (2) of the Fiscal Code (minimum tax on turnover owed by companies with a turnover of over 50 million euros and by those in the oil and gas sectors), are the following:

a) tangible assets are those provided in the following subgroups of the Catalog regarding the classification and normal operating durations of fixed assets, approved by Government decision, as follows:

(i) subgroup 1.1 „Industrial constructions”;

(ii) subgroup 1.2 „Agricultural constructions”;

(iii) subgroup 1.3 „Constructions for postal transport and telecommunications”;

(iv) subgroup 1.4 „Hydrotechnical constructions”;

(v) subgroup 1.5 „Constructions for business, trade, storage”, with the exception of classes 1.5.1 „Business centers” and 1.5.2 „Commercial constructions for storage-commercialization and distribution. Shops”, 1.5.14 „Other constructions for business, trade, storage not found in subgroup 1.5”;

(vi) subgroup 1.7 „Constructions for the transport of electricity”;

(vii) subgroup 1.8 „Constructions for water supply, sewerage and land improvements”;

(viii) subgroup 1.9 „Constructions for the transport and distribution of oil, gas, industrial liquids, compressed air and heating”;

(ix) subgroup 2.1 „Technological equipment (machines, equipment and work installations)”;

(x) subgroup 2.2 „Measurement, control and regulation devices and installations”;

(xi) subgroup 2.3 „Means of transport”;

(xii) subgroup 2.4 „Animals and plantations”;

b) intangible assets are intangible fixed assets recognized from an accounting point of view, with the exception of establishment expenses, goodwill, intangible fixed assets with an indefinite useful life, classified as such according to the applicable accounting regulations.

2. The eligible assets provided for in point 1 must be used in the taxpayer's economic activity and connected to the taxpayer's object of activity.

3. The order also regulates the regime of fixed assets in progress, considered when determining the minimum tax.

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