The public radio services tax, which was subject of debate for companies in the past, has again become a sore point for firms, as the state – owned company Societatea Romanian de Radiodifuziune (SRR) is trying to recover more of the money owed by individuals and companies in Romania for the public radio and television services. SRR recently started sending letters to companies across Romania reminding them of the money they owe for this tax, and some firms have to pay the tax on several previous years, amounting in some cases to around RON 2,000.

According to Romanian law, all Romanian companies, as well as their subsidiaries, agencies, together with the Romanian subsidiaries of foreign companies have to pay a monthly tax for the public radio and television services. "It would be only natural for companies which do not have the technical means to receive radio and TV to be exempt from this tax. We will end up going to court against SRR,"  Oana Albu, lawyer with Nomenius told Romania-Insider.com.

Companies without employees have to pay RON 2.5 a month – or RON 30 a year, while micro-enterprises, RON 10 a month – or RON 120 a year (some EUR 30), while the rest of the companies, RON 30 a month – or RON 360 a year (some EUR 80). Meanwhile, the SRR also collects a monthly tax from individuals, via their electricity bill. However, those who declare by their own volition that they do not own radio receivers can be exempt from this tax, Oana Albu explains. This does not seem to be the case for companies.

There are several forms that allow individuals to apply for exemption from the tax, all of which are on the websites of Romania's state energy company Electrica, but for companies, only certain types can submit these forms, such as hospitals and churches, among others. For the rest of companies, not owning a radio receiver does not exempt them from paying the tax, according to the forms.

On top of it, according to Electrica, a radio receiver can be anything from mobile phone, computers, iPods, radios or any devices that allow the user to receive the radio and tv programs, Oana Albu of Nomenius further explains .

The radio tax for micro enterprises without activity was canceled in 2009 by the High Court of Cassation and Justice, which also canceled the tax altogether in 2011 for all companies that do not own a radio or television. Before that, the tax used to be paid by all companies, even by those which did not have any activity.

In 2010, the Cluj Court of Appeal decided that the Government decision which made it mandatory for all companies to pay this tax was illegal. The court decision came into force in May this year.

editor@romania-insider.com