The first IT park in the Republic of Moldova is the "Moldova IT Park", which started its activity in the beginning of 2018.
Regulatory acts regulating the activities of IT parks and their residents are: Section 10 of the Tax Code of the Republic of Moldova No. 1163-XIII dated 04.24.1997 and Law No. 77 on Information Technology Parks dated 21.04.2016.
In order to become a resident of the IT park, a company must receive income from the sale of services, works permitted in the IT park in accordance with Art. 8 of the Law on Information Technology Parks No. 77/2016 (hereinafter Law No. 77/2016), more than 70% of the total income from the sale of products (goods), provision of services, performance of work reflected in the company's accounting records.
The main activities of the residents of the IT parks should be: development of programs and computer games; management of websites, web portals and computer equipment; maintenance of the activities of web portals; provision of consulting services in the field of information technology; research and development in the field of natural sciences and engineering based on the use of high-performance specialized computing equipment in various fields; production of electronic components (modules), post-production stage of making films, video and television programs, video effects services, animation services, specialized design services based on the use of high-performance specialized computing equipment.
According to the provisions of Art. 15 of Law No. 77/2016 and Art. 372 of Tax Code, part (1), the following taxes, fees and contributions are included in the single tax:
a) tax on income from business activities;
b) income tax on wages;
c) contributions of compulsory state social insurance paid by employees and employers;
d) compulsory health insurance contributions paid by employees and employers;
e) local taxes;
f) tax on immovable property;
g) fee for the use of motor roads by vehicles registered in the Republic of Moldova.
According to the provisions of the Tax Code, a flat tax of 7% is calculated from sales income. Foreign exchange differences, differences in amount, and interest on deposits are not income from sales and should not be included in taxable income. When calculating the single tax, it should be borne in mind that the tax amount cannot be less than 30% of the average salary in the economy, multiplied by the number of employees who have worked at least 1 working day in the current month. (8 716 lei * 30% = 2 614.80 lei)
For example, 1: the company has 10 people and sales of 250 000 lei per month, in this case we make the following calculation:
- 7% tax will be equal to 17 500 lei (250 000 lei * 7%)
- salary of 10 employees 2 614.80 * 10 = 26 148 lei
We compare these two indicators and determine the income tax that we will be payed to the state for this month.
26 148) 17 500 therefore the income tax paid is 26 148 lei.
For example, 2: the company has 10 people and sales of 400 000 lei per month, in this case we make the following calculation:
- 7% tax will be equal to 28 000 lei (400 000 lei * 7%)
- salary of 10 employees 2 614.80 * 10 = 26 148 lei
We compare these two indicators and determine the income tax that we will pay to the state for this month.
26 148 (28 000, therefore the paid income tax is 28 000 lei.
Companies joining the IT park must make changes to their accounting policies. At a minimum, the section on income tax, its payment in installments, the application of the deferred income tax method should be removed and a new section on the accounting entry compiled when calculating the single tax should be introduced.
According to the part (2) of Art. 372 of Tax Code, the following taxes, fees and contributions are not included in the single tax:
a) income tax withheld at the source of payment, established in accordance with paragraph (5) of Art. 88, Articles 89, 90, 901 and 91, compulsory state social insurance contributions and compulsory health insurance contributions calculated / withheld when making payments in favor of individuals, other than payments for wages;
b) value added tax;
c) excise taxes;
d) road tolls, except for the toll for the use of motor roads by vehicles registered in the Republic of Moldova;
e) other taxes, fees and mandatory payments not directly specified in the single tax in accordance with paragraph (1) of this article.
All these taxes and fees are calculated, paid and recorded by residents of parks in the accounting on a general basis.
Given that the Tax Code does not provide for any exceptions and the single tax includes payments to all employees with whom an ITD is concluded, payments to employees whose positions are not directly related to the production of IT services will also not be subject to any "salary" taxes.
Considering that social insurance of employees of these companies is carried out within 68% of the average salary in the economy and in the future all social insurance benefits will be calculated only within the limits of the insured income, this moment should be reflected in personnel documents, with the appropriate notification of employees. According to Art. 16 of Law No. 77/2016, the employer is obliged to notify employees in writing before the date of entry into the IT park, and new employees before they are hired, about the transition to the new tax regime and its consequences for them with regard to social and health insurance (8 716 * 68% = 5 926.88 lei).
Proceeding from the fact that benefits are not an integral part of wages, their taxation for companies that are residents of the IT park will take place on a general basis, as if the company did not use a special tax regime.
When an IT company receives the status of an IT park resident, all of its employees lose the right to exemption and other payments in accordance with Articles 33-36 of the Tax Code, regardless of position / profession or place of work (main or part-time).
Joining the IT park allows companies to channel their savings on the introduction of internationally competitive types of products and services, on the creation of new jobs with improved working conditions and high wages.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
