Principles of legal tax optimization (difference from evasion)
Legal tax optimization (tax planning) means using all facilities provided by law to minimize the tax burden. It is a taxpayer's right, not a crime. Tax evasion, on the other hand, involves hiding income or falsifying documents — punished with fines and imprisonment under Law no. 241/2005.
The Tax Code (L227/2015) offers numerous legal optimization instruments that many entrepreneurs are unaware of or do not exploit. A professional tax consultant can identify tax savings of 10-30% of the total tax burden, without any legal risk.
Strategies for LLCs: sponsorship, depreciation, vouchers
Strategy 1 — Sponsorship: LLCs can redirect up to 20% of corporate income tax (or 0.75% of turnover for micro-enterprises) to NGOs. Essentially, money that would otherwise go to the state is directed to causes chosen by the company, with image and CSR benefits.
Strategy 2 — Accelerated depreciation: under art. 7 of the Tax Code, certain assets (IT equipment, vehicles, software) can be depreciated on an accelerated basis, concentrating the tax expense in the first years. Strategy 3 — Meal vouchers and vacation vouchers: fully deductible for the employer, exempt from social contributions (CAS/CASS) within the legal limit.
- Strategy 4: Entertainment expenses — deductible up to 2% of accounting profit
- Strategy 5: Private health insurance (400 EUR/year/employee — deductible)
- Strategy 6: Voluntary pension contributions (400 EUR/year/employee — deductible)
- Strategy 7: R&D expenses — additional 50% deduction
- Strategy 8: Profit reinvestment — tax exemption for technological equipment
Strategies for sole traders: standard income vs actual, partial expenses
For PFAs (sole traders), the most important optimization decision is the choice between the actual system and the standard income system. If the activity generates significant real expenses (raw materials, subcontractors, rent), the actual system is advantageous. If expenses are low (IT freelancing, consulting), standard income can reduce the tax burden by 50-70%.
Under the actual system, personal use expenses (car used also personally — 50% deductible, personal/business phone — 50% deductible) significantly reduce the tax base. Travel, accommodation, and internal/external per diem expenses are fully deductible when related to the activity.
Dividends vs salary — distribution optimization
Salary bears social contributions (CAS 25% + CASS 10% + income tax 10%), with a total employer cost of ~45% of gross salary. Dividends bear only 8% tax but do not generate pension rights. The optimal combination depends on personal circumstances: age, contribution period, other income sources.
A common strategy: minimum salary (for CAS contribution period) + quarterly dividends for the rest. Note: ANAF checks whether the minimum salary reflects the administrator's actual activity. Setting a reasonable salary (2,000-3,000 EUR) is more prudent and generates social benefits (pension, sick leave, unemployment).
Long-term planning — the tax consultant as investment
Tax optimization is not a one-time exercise but a continuous process. Legislation changes annually (the Tax Code has had 57 amendments in 10 years), and strategies must be permanently adapted. A tax consultant who intimately knows your business can anticipate changes and proactively adjust the strategy.
The cost of an ongoing tax consulting service (500-2,000 EUR/year) usually pays for itself in the first month through identified tax savings. Geseidl offers tax consulting subscriptions that include legislative monitoring, alerts on relevant changes, and quarterly strategy review.
Need tax consulting and optimization? The Geseidl Consulting Group team, CECCAR Prahova leader for 18 consecutive years, is ready to help. Discover our services or contact us for a free consultation.
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