Companies can offer to employees sports and physical education subscriptions as a new extra-salary benefit. The Law no. 34/2023 for the amendment and completion of Law no. 227/2015 regarding the Fiscal Code, published in the Official Gazette, Part I no. 36 of January 12, 2023, and effective from January 15, 2023, allows employers to offer their own employees subscriptions to the gym, as non-taxable income, within the limit of the equivalent in lei of 400 euros per year for each person.
We present below the main changes brought to the tax legislation:
Starting with the revenues related to the month of February 2023, the value of subscriptions for the use of sports facilities for the purpose of practicing sports and physical education for the purpose of maintenance, prophylactic or therapeutic offered by suppliers whose activities are classified under CAEN codes 9311, 9312 or 9313, as well as the value of subscriptions , offered by the same provider acting in its own name or as an intermediary, which includes both medical services and the right to use the sports facilities, in order to practice sports and physical education for maintenance, prophylactic or therapeutic purposes, supported by the employer for own employees, within the limit of the equivalent in lei of 400 euros per year for each person, it will be added to the monthly income that does not represent taxable income in the sense of income tax, within the limit of the monthly ceiling of no more than 33% of the basic salary corresponding to the place of busy work.
At the same time, the value of the subscriptions mentioned above is not included in the basis for calculating the mandatory social contributions.
If these amounts are paid by the employee in his own name, they will be deducted from the taxable income calculation base.