As provided for in Article 16-ter of Decree-Law No. 131 of 16.09.2024, the new regime on the application of VAT to loans and secondments of personnel was introduced.
In particular, it is stipulated that:
- loans and secondments of personnel are no longer excluded from the application of VAT, as Article 8(35) of Law 67/1988 has been repealed; consequently, such transactions, if carried out in return for consideration, fall within those subject to tax at the ordinary rate of 22%;
- The new rules apply to staff loan and secondment contracts concluded or renewed as from 01.01.2025.
According to paragraph 2 of the same article, the conduct adopted by taxable persons prior to 1 January 2025 is safeguarded; consequently, if the contract is entered into or renewed in the course of 2024, the possibility of excluding the consideration from VAT remains valid if it constitutes a mere reversal of the cost of the seconded personnel (Court of Cassation No. 16234/2024), without such conduct being open to challenge.
Only for these contracts would the interpretation of the Court of Cassation still apply, according to which, in the event that the consideration exceeds the personnel costs, VAT must be applied exclusively on the margin of benefit to the seconding party (Court of Cassation No. 19129/2010).
While remaining at your disposal for any doubts or requests for clarification, we would like to take this opportunity to extend our best regards to all.