I.Cash-on-hand balance exceeding the RON 50,000 threshold. Obligations and consequences
According to Law no. 70/2015, the cash balance held in the company’s cash register may not exceed RON 50,000 at the end of each business day.
In the
case of cash and carry stores, supermarkets, and hypermarkets
that are
organized and operate in accordance with the applicable
legislation, the cash
amounts held in the cash register may not exceed the threshold
of RON 500,000
at the end of each business day.
1. What
happens if the threshold is exceeded?
Example: at the end of the day, the cash balance amounts to RON
60,000, thus
exceeding the legal threshold by RON 10,000.
2.
Deposit obligation
The amount exceeding the threshold (in the example above, RON
10,000) must be
deposited into the company’s bank accounts within a maximum of 2
working days.
If this deposit is not made, the company remains in a situation
of
non-compliance with the cash threshold, even after the
expiration of the two
working days.
3.
Sanctions
Failure to comply with the provisions of art. 4 para. (2) of Law
no. 70/2015
constitutes a contravention.
In practice, maintaining cash in excess of the legal threshold
may result in a
fine of up to 25% of the amount exceeding the threshold.
In the example above, the fine may reach up to RON 2,500 (25% of
RON 10,000).
4. Practical measures to be taken In order to comply with the law, the amount exceeding the RON 50,000 threshold must either:
- be deposited into the company’s bank account
or
- be used for payments permitted by law (only cash salary payments, not payments to suppliers or other types of payments), so that the cash balance at the end of the day does not exceed the legal threshold.
Important note This rule applies regardless of the reason why excess cash exists in the cash register. If no legal exception applies and the balance is not reduced within the prescribed period, the obligation to deposit remains, together with the risk of sanctions.
According to the provisions of art. 1 para. (3) of Law no. 70/2015: “By way of exception from para. (1), exceeding this threshold is permitted only for amounts related to the payment of salaries and other employee-related rights, as well as other operations with individuals, for a period of 3 working days from the scheduled payment date.”
Please take these obligations into account in your day-to-day activity in order to avoid contravention risks.
II. Calculation and application of the 25% fine for exceeding the RON 50,000 cash-on-hand threshold
In the context of tax inspections and the enforcement of Law no. 70/2015 regarding the strengthening of financial discipline, it is important to correctly understand how the sanction of up to 25% is applied in cases where the legal cash threshold is exceeded.
1. Legal threshold and daily obligation According to art. 4^2 para. (1) of Law no. 70/2015, the cash-on-hand balance may not exceed RON 50,000 at the end of each business day. If this threshold is exceeded, the entity is required to reduce the balance below the legal limit by depositing the cash into bank accounts or by making payments permitted by law, within a maximum of 2 working days.
This obligation is a daily one, assessed based on the balance existing at the end of each business day.
2. Sanctions Article 12 of Law no. 70/2015 provides that failure to comply with the provisions regarding cash transactions constitutes a contravention and is sanctioned in accordance with the applicable contraventional legislation.
Although the law does not explicitly state that the fine applies “for each day,” the correlated interpretation with Government Ordinance no. 2/2001 on the legal regime of contraventions leads to the conclusion that exceeding the cash threshold may be classified as a continuous contravention.
3. Practical application of the fine In practice, tax authorities may consider that:
- each day or period during which the cash balance remains above the RON 50,000 threshold represents a distinct breach of the legal obligation;
- after the expiration of the 2 working days allowed for depositing the excess amount, maintaining the balance above the threshold constitutes a continuation of the contraventional act;
- the fine of up to 25% of the amount exceeding the legal threshold may be applied repeatedly, for each day or period during which the non-compliant situation persists, until the balance is brought back within the legal limits.
The actual application of the sanction may depend on the interpretation of the tax inspectors and, where applicable, on the assessment of the courts in the event of litigation; however, the legal framework allows for repeated sanctions for successive periods of non-compliance.
4. Summary
- Cash balance at the end of the day: RON 60,000
- Obligation: reduction of the balance below RON 50,000 within a maximum of 2 working days
Failure to reduce the balance within the legal deadline Risk of a fine of up to 25% applied to the amount exceeding the threshold.
Maintaining the balance above the threshold for several days Risk of repeated sanctions, for each day/period during which the threshold is exceeded.
5. Conclusion Exceeding the RON 50,000 cash-on-hand threshold should not be treated as an isolated incident. Both the legal framework and inspection practice indicate that the obligation is a daily one, and failure to comply over successive periods may lead to repeated contraventional sanctions.
Daily monitoring of the cash balance and strict compliance with the legal deposit deadline are recommended in order to avoid significant financial risks.
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