LAW OF THE REPUBLIC OF MOLDOVA

of July 20, 2023 No. 212

About modification of some regulations relating to budget tax policy

The Parliament adopts this organic law.

Art. I. - In the Law on entrepreneurship and the companies No. 845/1992 (Monitor of Parliament of the Republic of Moldova, 1994, No. 2, of the Art. 33), with subsequent changes, to make the following changes:

1. Item 9 of article 10 after the words "opened in banks" to add with words "non-bank credit institutions,".

2. To declare Item 5 of Article 30 invalid.

3. To state Item 2 of Article 36-8 in the following edition:

"2. Five members are part of the Commission: on one representative from the Ministry of Economic Development and digitalizations (commission chairman), the Ministries of Finance, Competition council and two representatives of civil society in the field of economy who are appointed by the central industry body providing record keeping of the Commission. Record keeping of the Commission provides the Ministry of Economic Development and digitalizations.".

Art. II. - In the Tax code No. 1163/1997 (repeated publication: The official monitor of the Republic of Moldova, special release of February 8, 2007), with subsequent changes to make the following changes:

1. 29) of Article 5 to add Item with the following offer: "The exception is constituted by electronic devices (like the terminal of cash payment, the cash-in terminal, the foreign exchange device, the ATM, and also others, having special and identifiable application programs), including places for placement of these devices.".

2. 3) and 7) of Article 12 to state Items in the following edition:

"3) the Dividend - income gained from distribution (issue) of net profit between shareholders (unitholders) as a result of the ownership of shares (shares, shares) in the authorized capital performed on the conditions established by the law, the constituent act (charter), the decision of general shareholder meeting (unitholders), the decision of the single shareholder (unitholder) and/or the decision of council of society, except for income gained in cases of complete liquidation of business entity.";

"7) Percentage charges, the income in type of percent - any income gained from debt obligation of any sort (irrespective of method of its registration), including the income from money deposits, income gained on the basis of the agreement of financial leasing and in particular income, gained from government securities, debt obligations or bonds including discounts, discounts, awards and prizes relating to such securities, obligations and bonds.".

3. In Article 19:

in Item a) shall be replaced with words the words "in part (20)" "in parts (19-3), (19-4) and (20)";

add Article with the Items a-2)-a-4) of the following content:

"the payment a-2) performed by the employer for the purpose of compensation to the worker of costs for alternative services in care of children under three years, in the amount of, exceeding the deductible nominal value of 2500 lei in month on each child of the worker;

a-3) gifts in natural form, including the vouchers provided by the employer to workers, and also their minor children on the occasion of non-working holidays according to the Labor code and birthdays of workers which cumulative amount exceeds 10% of the average monthly salary on the economy predicted and approved by the Government for the corresponding year counting on each worker;

the payment a-4) corresponding to the incurred and certain freight charges and food of students trainees and/or pupils over the set limit according to the procedure, established by the Government;";

in Item d) in the second offer of the word "credits to the third parties;" shall be replaced with words "the credits to third physical persons;", and at the end to add Item with the following text: "For the purposes of this Article "general terms" are understood as the conditions accepted by banks and non-bank credit institutions concerning loan granting to at least than one third physical person for the same financial product which they offer workers;".

4. In Article 20:

add Article with Items with-1) and-2) from the following content:

"-1) about the payments received by workers for the purpose of compensation of costs for alternative services in care of children under three years in the amount of, not exceeding nominal value, equal 2500 lei in month on each child of the worker;

-2) about gifts in natural form, including the vouchers received by workers, and also provided to their minor children on the occasion of non-working holidays according to the Labor code and birthdays of workers which amount does not exceed 10% of the average monthly salary on the economy predicted and approved by the Government for the corresponding year;";

in the Item d-6) of the word "and (20)" shall be replaced with words ", (19-3), (19-4), (20) and (26)";

Item y) after words "the glasses (cullet)," to add with words of "ferrous and non-ferrous metals, the industrial wastes containing metals or their alloys";

in the Item z-7) of the word "with the Law on guaranteeing deposits in bank system No. 575-XV of December 26, 2003;" shall be replaced with words "with the Law on guaranteeing deposits in banks No. 160/2023;".

5. In Article 24:

add Article with parts (19-3) and (19-4) following contents:

"(19-3) the deduction of the expenses incurred and determined by the employer for benefit of the worker Is allowed on:

a) gifts in natural form, including the vouchers provided to workers, and also their minor children on the occasion of non-working holidays according to the Labor code and birthdays of workers, - according to the procedure, provided by the individual employment contract or regulations;

b) advanced training of workers, except provided by part (19), and also on the activities connected with strengthening of corporate culture and command spirit - in the procedure established by the Government;

c) the subscriptions on use of sporting venues for sports activities and physical culture in the supporting, preventive or medical purposes offered by suppliers whose activities are classified by codes 93.11, 93.12 or 93.13 according to the Qualifier of types of economic activity of Moldova - at the rate to 50% of the average monthly salary on the economy predicted and approved by the Government for the corresponding year counting on each worker;

d) the conclusion of the contract for rendering medical services - in the amount of the average monthly salary on the economy predicted and approved by the Government for the corresponding year counting on each worker.

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