{"id":242161,"date":"2007-04-13T15:47:00","date_gmt":"2007-04-13T15:47:00","guid":{"rendered":"http:\/\/new.moldova.org\/2007\/04\/13\/analysis-presidents-initiatives-were-put-on-agenda-and-reform-legal-framework-started-to-be-examined-42062-eng\/"},"modified":"2007-04-13T15:47:00","modified_gmt":"2007-04-13T15:47:00","slug":"analysis-presidents-initiatives-were-put-on-agenda-and-reform-legal-framework-started-to-be-examined-42062-eng","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/analysis-presidents-initiatives-were-put-on-agenda-and-reform-legal-framework-started-to-be-examined-42062-eng\/","title":{"rendered":"Analysis: President's initiatives were put on agenda and reform legal framework started to be examined"},"content":{"rendered":"Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>

Author Vlad Bercu, BASA-press<\/p>\n

The three initiatives of the head of state were put on the agenda. Only a day after they were launched, the Government endorsed a draft law on amendment of some legislative acts with a view to launch the economic activity liberalization. <\/p>\n

What seemed at a first glance a quasi-total surprise turned out to be an action worked out long ago. Sources close to international financial bodies say that Moldovan authorities intended to launch these initiatives in February, but the IMF opposed to the intention to introduce the zero tax on reinvested profit and fiscal amnesty. <\/p>\n

The reform will rely on three pillars: <\/p>\n

a program on legalization of capital; a fiscal amnesty; and reformation of the taxation system applied to legal entities. <\/p>\n

President Voronin’s initiatives are appreciated by some managers as revolutionary and courageous, while other analysts are reserved about the effects of the planned reform. <\/p>\n

\"\""There are 10 days until the economic revolution starts", headlined "Nezavisimaya Moldova" paper on Wednesday. A fiscal paradise for investors, including foreign ones, an intensive development of Moldovan economy with the reduction of the illegal one, salary raises in the real sector and foundation of a middle class: this is how president’s initiatives are seen by other analysts. <\/p>\n

"Amnesty of capital is brilliant. Zero tax on reinvested profit is brilliant too. As to the fiscal amnesty, we’ll have to think more about it", stated Alexandr Kopanski, Director General of S&T Mold. "Our economy needs unusual solutions. We cannot delay it anymore", estimated Yakov Tihman, Director General of Efes Vitanta Moldova Brewery, one of the most powerful in Moldova. <\/p>\n

Reduction of the invisible economy, passing a good part of the illegal turnover of cash into the official money circulation, reduction of the room where corruption may develop: these are just some of the stated goals pursued by the three initiatives. <\/p>\n

"Fiscal preferences are not an absolute. I’d rather say it’s vice versa: most companies are used to pay taxes, thus contributing to the society’s needs. The fiscality level is not as important as other informal stuffs such as legislative stability, a legal system that would protect businesses against interferences, many other factors", stated Ion Sturza, Director General of Rompetrol Moldova, on BBC. <\/p>\n

"The zero tax on reinvested profit is a good idea. Indeed, it is an international practices widely applied to contribute to enhancing investments in the economy", says Alex Oprunenco, Program Director at "Expert-grup" Analytical Center. However, he said, on the other hand, fiscal amnesty is a moral hazard. I mean, all economic units that observed tax legislation and paid taxes in time see that it is possible to avoid paying them. This triggers several perverse moments for those who got used to paying. They might think approximately this way: "why should they pay if a fiscal amnesty is about to be applied and we are paying the money goalless". <\/p>\n

Fiscal amnesty and zero tax do not fit into the commitments made before international financial institutions and, first of all, before the International Monetary Fund, Alex Oprunenco also believes. <\/p>\n

Although Veaceslav Ionita, Project Coordinator at IDIS "Viitorul", claims that the effect for economic units indeed might be stimulating, he estimates that "the income tax does not represent such a big pressure in Moldova" and that "completely other factors stop economic and business development", justice and corruption being on the first row. What should really "concern us is the business climate that is very and very noxious". The amnesty will stimulate the inefficiency of those who work poorly and will disfavor those who pay all taxes. <\/p>\n

The analyst also believes that the budget which relies on consumption "will be even more connected to it". It’s not the income tax that makes economic units to bribe, but the social insurance contribution that is very high. The added value tax is high too. <\/p>\n

Dinu Armasu, Executive Director of the Foreign Investors Association, thinks that the fact that dividends will not be subject to a double taxation is positive aspect. It will be easier to manage the exemptions the government will provide to investors and small enterprises. At the same time, he says that social taxes are high; consequently many economic units apply to different tricks in order to more or less really remunerate their staffs. <\/p>\n

The way things are going on, legalization of capital and fiscal amnesty announced by the head of state will start as early as in the first half of this year. <\/p>\n

What do the amendments to the Tax Code, which are likely to be adopted in maximum two weeks, provide for? <\/p>\n

Legalization of the capital will be carried out by letting individuals and legal entities residing in Moldova to submit voluntary declarations on the capital they own and for which at the moment of its acquisition no taxes had been paid from their real value. <\/p>\n

Legal entities will have the possibility to legalize only their material and financial assets (real estate, securities, shares); and individuals, their financial means, securities, real estate, shares. They will pay 5% of the amount of the legalized financial means for their legalization. For other types of assets a tax of 5% will be paid of the difference between the stated value of the legalized capital and the earlier stated value of these assets. <\/p>\n

To prevent any accusations of transforming Moldova into an off-shore zone, legalization by legal entities of their financial means will not be allowed in order to reduce the risk of Moldova becoming a money laundering center for off-shore companies. The legalization will start when the law enters into force and will be over on 1 January 2009, for securities, real estate, shares, and on 30 December 2008 for financial means. <\/p>\n

To provide more reliability to this process, fiscal and economic control bodies will not be entitled by law to verify the sources of the legalized capital, excepting cases of money laundering which are strictly stipulated by law. <\/p>\n

Fiscal amnesty will comprise the arrears reflected in the record system of the State Fiscal Service, including special records, in accordance with the situation on 1 January 2007, for all types of unpaid taxes and fines on the date the law enters into force, including the postponed and redistributed ones in accordance with the applicable legislation. These arrears are to be annulled. <\/p>\n

According to the draft law, the fiscal commitments for which court cases have been opened since 1 January 2007 are also to be subject to amnesty. <\/p>\n

On this date, the debts of economic units before national budget amounted to 2 billion lei. <\/p>\n

The government considers that out of these debts, about 10-15% of the total debts plus fines and penalties (200-300 million lei), including on the account of alienation of seized assets, may practically be collected to the public budget. <\/p>\n

Fiscal management bodies will be forbidden by law to carry out controls on the correctness of calculation and payment of compulsory payments for the fiscal periods before 1 January 2007. <\/p>\n

A zero income tax shall be established for the reinvested profit, and the profit that will be distributed among the shareholders or associates in the form of dividends will be subject to a 15% tax. <\/p>\n

Legalization of capital and fiscal amnesty might be initiated already in the first half of this year, as soon as these laws enter into force. As to the reduction of the tax, it may become possible after 1 January 2008.<\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>The three initiatives of the head of state were put on the agenda. Only a day after they were launched, the Government endorsed a draft law on amendment of some legislative acts with a view to launch<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-242161","post","type-post","status-publish","format-standard","hentry","category-economy"],"content_social_share":"Reading Time: <\/span> 5<\/span> minutes<\/span><\/span>

Author Vlad Bercu, BASA-press<\/p>\n

The three initiatives of the head of state were put on the agenda. Only a day after they were launched, the Government endorsed a draft law on amendment of some legislative acts with a view to launch the economic activity liberalization. <\/p>\n

What seemed at a first glance a quasi-total surprise turned out to be an action worked out long ago. Sources close to international financial bodies say that Moldovan authorities intended to launch these initiatives in February, but the IMF opposed to the intention to introduce the zero tax on reinvested profit and fiscal amnesty. <\/p>\n

The reform will rely on three pillars: <\/p>\n

a program on legalization of capital; a fiscal amnesty; and reformation of the taxation system applied to legal entities. <\/p>\n

President Voronin’s initiatives are appreciated by some managers as revolutionary and courageous, while other analysts are reserved about the effects of the planned reform. <\/p>\n

\"\""There are 10 days until the economic revolution starts", headlined "Nezavisimaya Moldova" paper on Wednesday. A fiscal paradise for investors, including foreign ones, an intensive development of Moldovan economy with the reduction of the illegal one, salary raises in the real sector and foundation of a middle class: this is how president’s initiatives are seen by other analysts. <\/p>\n

"Amnesty of capital is brilliant. Zero tax on reinvested profit is brilliant too. As to the fiscal amnesty, we’ll have to think more about it", stated Alexandr Kopanski, Director General of S&T Mold. "Our economy needs unusual solutions. We cannot delay it anymore", estimated Yakov Tihman, Director General of Efes Vitanta Moldova Brewery, one of the most powerful in Moldova. <\/p>\n

Reduction of the invisible economy, passing a good part of the illegal turnover of cash into the official money circulation, reduction of the room where corruption may develop: these are just some of the stated goals pursued by the three initiatives. <\/p>\n

"Fiscal preferences are not an absolute. I’d rather say it’s vice versa: most companies are used to pay taxes, thus contributing to the society’s needs. The fiscality level is not as important as other informal stuffs such as legislative stability, a legal system that would protect businesses against interferences, many other factors", stated Ion Sturza, Director General of Rompetrol Moldova, on BBC. <\/p>\n

"The zero tax on reinvested profit is a good idea. Indeed, it is an international practices widely applied to contribute to enhancing investments in the economy", says Alex Oprunenco, Program Director at "Expert-grup" Analytical Center. However, he said, on the other hand, fiscal amnesty is a moral hazard. I mean, all economic units that observed tax legislation and paid taxes in time see that it is possible to avoid paying them. This triggers several perverse moments for those who got used to paying. They might think approximately this way: "why should they pay if a fiscal amnesty is about to be applied and we are paying the money goalless". <\/p>\n

Fiscal amnesty and zero tax do not fit into the commitments made before international financial institutions and, first of all, before the International Monetary Fund, Alex Oprunenco also believes. <\/p>\n

Although Veaceslav Ionita, Project Coordinator at IDIS "Viitorul", claims that the effect for economic units indeed might be stimulating, he estimates that "the income tax does not represent such a big pressure in Moldova" and that "completely other factors stop economic and business development", justice and corruption being on the first row. What should really "concern us is the business climate that is very and very noxious". The amnesty will stimulate the inefficiency of those who work poorly and will disfavor those who pay all taxes. <\/p>\n

The analyst also believes that the budget which relies on consumption "will be even more connected to it". It’s not the income tax that makes economic units to bribe, but the social insurance contribution that is very high. The added value tax is high too. <\/p>\n

Dinu Armasu, Executive Director of the Foreign Investors Association, thinks that the fact that dividends will not be subject to a double taxation is positive aspect. It will be easier to manage the exemptions the government will provide to investors and small enterprises. At the same time, he says that social taxes are high; consequently many economic units apply to different tricks in order to more or less really remunerate their staffs. <\/p>\n

The way things are going on, legalization of capital and fiscal amnesty announced by the head of state will start as early as in the first half of this year. <\/p>\n

What do the amendments to the Tax Code, which are likely to be adopted in maximum two weeks, provide for? <\/p>\n

Legalization of the capital will be carried out by letting individuals and legal entities residing in Moldova to submit voluntary declarations on the capital they own and for which at the moment of its acquisition no taxes had been paid from their real value. <\/p>\n

Legal entities will have the possibility to legalize only their material and financial assets (real estate, securities, shares); and individuals, their financial means, securities, real estate, shares. They will pay 5% of the amount of the legalized financial means for their legalization. For other types of assets a tax of 5% will be paid of the difference between the stated value of the legalized capital and the earlier stated value of these assets. <\/p>\n

To prevent any accusations of transforming Moldova into an off-shore zone, legalization by legal entities of their financial means will not be allowed in order to reduce the risk of Moldova becoming a money laundering center for off-shore companies. The legalization will start when the law enters into force and will be over on 1 January 2009, for securities, real estate, shares, and on 30 December 2008 for financial means. <\/p>\n

To provide more reliability to this process, fiscal and economic control bodies will not be entitled by law to verify the sources of the legalized capital, excepting cases of money laundering which are strictly stipulated by law. <\/p>\n

Fiscal amnesty will comprise the arrears reflected in the record system of the State Fiscal Service, including special records, in accordance with the situation on 1 January 2007, for all types of unpaid taxes and fines on the date the law enters into force, including the postponed and redistributed ones in accordance with the applicable legislation. These arrears are to be annulled. <\/p>\n

According to the draft law, the fiscal commitments for which court cases have been opened since 1 January 2007 are also to be subject to amnesty. <\/p>\n

On this date, the debts of economic units before national budget amounted to 2 billion lei. <\/p>\n

The government considers that out of these debts, about 10-15% of the total debts plus fines and penalties (200-300 million lei), including on the account of alienation of seized assets, may practically be collected to the public budget. <\/p>\n

Fiscal management bodies will be forbidden by law to carry out controls on the correctness of calculation and payment of compulsory payments for the fiscal periods before 1 January 2007. <\/p>\n

A zero income tax shall be established for the reinvested profit, and the profit that will be distributed among the shareholders or associates in the form of dividends will be subject to a 15% tax. <\/p>\n

Legalization of capital and fiscal amnesty might be initiated already in the first half of this year, as soon as these laws enter into force. As to the reduction of the tax, it may become possible after 1 January 2008.<\/p>\n

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