On December 15, 2025, Law no. 239/2025 on the establishment of certain measures for the recovery and efficiency of public resources, as well as for the amendment and supplementation of certain normative acts, was published in the Romanian Official Gazette No. 1160 (hereinafter “Law no. 239/2025”). At the same time, on December 17, 2025, the Government Emergency Ordinance No. 78 of 17 December 2025 was published, introducing certain amendments to the Law no. 239/2025 (hereinafter “GEO no. 78/2025”).

Below, we wish to list the most important fiscal measures.

Amendments to Law no. 227/2015 regarding the Fiscal Code (hereinafter “Fiscal Code”)

Minimum Turnover Tax (“MTT”) remains in force

The Minimum Turnover Tax (“MTT”), applicable for companies with a turnover higher than 50 mil EUR in the previous year, is maintained. Currently, there are discussions with the Romanian lawmaker regarding the reduction of the rate of the MTT for 2026 and its abolition as of 2027, but currently no such measure was yet published in the Romanian Official Gazette.

Limitation of expenses from non-resident affiliated entities

The Law no. 239/2025 introduces a special regime regarding the deductibility of expenses incurred with non-resident affiliated entities. The following taxpayers are targeted:

• Those with a turnover below 50 mil EUR €in the previous year; and
• For 2026: Companies recording expenses related to intellectual property, management, or consultancy from non-resident affiliated entities, where such expenses exceed the fraction of 1% of the total expenses reported in the financial statements for 2024, respectively the financial year starting in 2024 (in case of a modified fiscal year).
• For 2027: the 1% fraction mentioned above in relation to the related parties, as defined by art. 7, point 26 of the Fiscal Code, will be determined based on the expenses presented within a tax statement, which is yet to be established via a Order of the National Agency for the Fiscal Administration of Romania. The Order mentioned above is to be issued within 90 days from the date of publication of the Law in the Official Gazette.

The following exceptions are provided:

• Expenses related to obtaining trademarks, industrial designs, copyrights, and similar rights registered in Romania;
• Expenses that are capitalized as tangible and intangible assets, according to applicable accounting regulations;
• Taxpayers who have an advance pricing agreement or, starting from the 2027 fiscal year, request the issuance of an advance pricing agreement covering transactions with non-resident affiliated persons that generate recorded expenses in the tax declarations;
• Romanian credit institutions.

Hence, under this regime (e.g., turnover less than 50 mil EUR and a higher fraction than 1% as mentioned above), the new tax deduction limitation will apply to expenses with intellectual property, management, or consultancy from non-resident affiliated entities, by applying a limit of 1% to the total expenses of the fiscal year, while the difference remains non-deductible for corporate income tax purposes. The limitation will apply starting from the 2026 fiscal year, or the financial year beginning in 2026 for taxpayers with a modified fiscal year.

Additional provisions for the supplementary tax for legal entities conducting activities in the oil and gas sectors (ICAS)

The Law introduces additional restrictions for assets/ in progress immovables which compose the indicators I and A which decrease the taxable base of the ICAS. The additional restrictions are similar to the already rules in places for the computation of the MTT, as per art. 18^1 of the Fiscal Code.

Taxation of financial transactions for individuals

For gains from virtual currency (cryptocurrency) transfers:

• The income tax increases from 10% to 16%;
• Gains under 200 RON per transaction are not taxed, provided the total gains for the year do not exceed 600 RON.

For securities and derivative instruments, the income tax increases to:

• 3% for instruments held for more than 365 days;
• 6% for instruments held less than 365 days.

Increase in the maximum annual calculation base for determining the health insurance contribution for income from independent activities

The maximum annual calculation base for the health insurance contribution (CASS) related to income from independent activities is increased from 60 to 72 gross minimum wages at national level.

Income from short-term rental of housing

Clear taxation rules are introduced:

• Net taxable income is determined as the difference between gross income and a 30% flat-rate deduction;
• Tax is final, at a rate of 10%;
• Platform or intermediary commissions (e.g., Airbnb, Booking, etc.) are excluded from gross income;
• Payments in foreign currency are converted at the National Bank of Romania’s exchange rate on the previous day.

Local taxes

The Law no. 239/2025 brings changes and increases in tax rates for buildings and land. It also provides for a reorganization of exemptions related to building and local taxes and other related adjustments.

For legal entities, Law no. 239/2025 repeals the taxation system for residential buildings. However, GEO no. 78/2025 postpone such rule until 1 January 2027.

Moreover, exemptions for buildings and land used by cooperative members for production delivered through or to agricultural cooperatives. Additionally, exemptions for agricultural cooperatives on their buildings and land used to provide services to cooperative members are also removed.

The Law also repeals provisions requiring the calculation of local taxes for buildings based on property values in market studies managed by the National Union of Public Notaries of Romania, as introduced by Emergency Ordinance 16/2022 (originally scheduled to take effect on January 1, 2026).

As regards the motor vehicle tax, the most important amendments are:

• The computation tax formular is updated, by taking into account the cylindrical capacity and pollution norms, with increases brought as compared the current formulas;

• Hybrid vehicles with emissions ≤ 50 g CO₂/km may receive a tax reduction of up to 30%;
• Electric vehicles will have a fixed tax of 40 RON per year;
• By repealing Article 487¹, exemptions for motor vehicles provided under Article 469 are eliminated;
• Local authorities may apply additional rates of up to 100% above the maximum levels set by law.

Also, GEO no. 78/2025 corrects and urgently implements the amendments introduced by Law No. 239/2025, ensuring the proper functioning of local taxes and duties for the 2026 fiscal year. GEO no. 78/2025 introduces stricter rules for granting tax exemptions, clarifies the vehicle tax based on pollution criteria, clarifies the indexation of local taxes, and imposes financial sanctions on local authorities that fail to adopt fiscal decisions in due time. At the same time, it postpones until 1 January 2027 the major changes regarding the tax on buildings owned by legal entities.

Special tax for immovable and movable assets of high value

The Law increases of the tax rate for the high value immovable and movable assets from 0,3% to 0,9%.

Amendments to Law no. 207/2015 regarding the Fiscal Procedure Code (hereinafter “Fiscal Procedure Code”)

Inactive taxpayers

The following taxpayers would be added into the category of inactive taxpayers:

• Companies not  having a payment account opened in Romania or at a State Treasury unit;
• Companies failing to submit their financial statements within 5 months of the legal deadline.

If a taxpayer declared inactive is not reactivated within one year, it will be dissolved, or the tax authority may request its dissolution (under certain conditions).

Installment payment procedure – stricter conditions

Other legislative updates of interest

Amendments to Law No. 70/2015 to Strengthen Financial Discipline: Obligation for Companies to Hold a Bank Account in Romania

All legal entities are required to open a payment account in Romania or with the State Treasury for the entire duration of their activity. Newly established companies have a maximum of 60 working days to open the account. Failure to comply with this obligation is punishable by a fine ranging from 3,000 RON to 10,000 RON.

Stricter conditions for the assignment of shares

The assignment of shares in a Romanian limited liability company will become enforceable against the tax authority and, among other conditions, it will require obtaining a tax clearance certificate from ANAF confirming that the company has no outstanding tax obligations or other budgetary obligations recorded in enforceable titles, etc.

Increase of the Minimum Share Capital for Limited Liability Companies

From the date the Law comes into effect, the minimum share capital will be established based on the level of net turnover reported in the annual financial statements for the previous financial year, as follows:

• Minimum share capital of 500 RON for newly established companies.
• Minimum share capital of 5,000 RON for companies that have exceeded a net turnover of 400,000 RON.

The increase must be completed by the end of the financial year following the year in which the company exceeds the threshold. This rule also applies to existing companies.

If this requirement is not met, at the request of any interested party or the National Trade Register Office, the court may order the dissolution of the company.

Dissolution of companies declared fiscally inactive

Taxpayers declared inactive for more than 3 years will be dissolved if they are not reactivated within 30 days from the date the Law comes into effect.

Taxpayers declared inactive for a period between 1 and 3 years will be dissolved if they are not reactivated within 90 days from the date the Law comes into effect. Dissolution will be carried out at the request of the tax authority through a notification procedure via the National Trade Register Office.

The Law also includes provisions regarding the steps to follow in the event of dissolution, including coordination between the National Trade Register Office and the Romanian Tax Authority (ANAF).

Introduction of a 25 RON Logistic Tax for parcels under 150 EUR from outside the EU

For parcels entering Romania from outside the EU with a value under 150 EUR, purchased through distance sales (e.g., platforms such as Temu or Shein):

• A logistic tax of 25 RON per parcel is introduced.
• The obligation to pay the tax will be on the suppliers of the goods, the person sending the parcel, or the entity facilitating the distance sale through the digital platform.
• The obligation to collect, declare, and remit the tax lies with postal service providers who deliver the parcel to the recipient. They must file the declaration with ANAF by the 25th (inclusive) of the month following the month in which delivery was made to the recipient.
• Postal service providers collect the tax directly from the goods supplier, the sender, or the entity facilitating the distance sale. Providers are also required to ensure the tax is collected, which is a condition for providing their services.
• Law no. 239/2025 imposes sanctions on postal service providers who fail to comply with obligations related to this logistic tax.

The new logistic tax will enter into force on January 1, 2026.

Amendments to Law 31/1990 on Companies

Dividends and loans granted to shareholders – additional restrictions

Two important rules are introduced:

• Companies distributing quarterly dividends cannot grant loans to shareholders until the dividends are regularized.
• Companies with net assets below 50% of share capital cannot repay loans to shareholders or affiliated persons.

Failure to comply with these rules results in:

• Joint liability between the company and the shareholder,
• Fines ranging from 10,000 to 200,000 RON,
• Recovery of amounts distributed illegally.

Additionally, the Law introduces:

• Provisions on covering reported accounting losses and creating reserves for companies recording a profit in the reporting financial year.
• Certain restrictions on dividend distribution for companies with negative net assets.
• Sanctions for failing to restore net assets to at least ½ of the share capital within the legal deadline, ranging from 10,000 to 200,000 RON.

Amendments to Law 53/2003 on Labour Code

From January 2026 onwards, failing to conclude an individual employment contract when hiring one or more persons will be punishable by a fine ranging from 20,000 to 40,000 RON for each person identified, up to a maximum cumulative amount of 1 million RON (previously 200,000 RON).

Support for implementing these major tax changes in Romania

These major fiscal changes in Romania pose significant challenges for companies and individuals. If you are affected by the new regulations and need support to understand the impact on your business, Accace Romania specialists are here to assist you. Contact us for personalized consultation and effective solutions or discover our tax advisory and tax compliance services in Romania.

Anca Ghizdavu

Tax Director | Accace Romania

Get in touch with us

The RO e-Transport system has become a central tool for monitoring road transport of goods and reducing tax evasion. With the legislative changes adopted in 2024 and applicable from 2025, the tax authorities have updated the guide to reflect the legislative changes of 2024–2025 related to the RO e-Transport system in Romania.

Update of the RO e-Transport guide in 2025

The new version of the guide is divided into two main sections:

1. National transports of goods with high fiscal risk, according to Order 802/2022.
2. International transports, regardless of the nature of the goods.

The goods with high fiscal risk are:

vegetables, plants, roots and food tubers, falling within CN codes 0701 to 0714 inclusive;

• edible fruits, citrus peels or melons, falling within CN codes 0801 to 0814 inclusive;
• alcoholic beverages, liquids and vinegar (CN codes 2201 to 2208 inclusive);
• salt, sulphur, earth and stones, plaster, lime and cement (falling within CN codes 2505 and 2517);
•  knitted or crocheted garments and clothing accessories (CN 6101 to 6117);
• clothing and clothing accessories, other than knitted or crocheted (CN codes 6201 to 6212, 6214 to 6217);
• footwear, boots and similar articles, parts thereof, falling within CN codes 6401 to 6405 inclusive;
• cast iron, iron and steel (CN 7213 and CN 7214).

Which shipments must be declared in the RO e-Transport system in Romania

Shipment types:

• National transports must be declared if they contain goods with high fiscal risk transported in vehicles that have a technically permissible mass of at least 2.5 tons, and the goods exceed the weight of 500 kg or the value of 10,000 lei.
• International shipments must be declared regardless of the type of goods (import, export, intra-community purchases or deliveries, lohn, stocks).

Who has the obligation to declare in RO e-Transport system in Romania

The obligation to obtain the UIT code depends on the nature of the operation:

• the consignee/sender of the customs declaration for import/export operations;
• the supplier for domestic or intra-community deliveries;
• the beneficiary in Romania for intra-community acquisitions;
• the economic operator for transport between its own points;
• the depository in the transit situation;
• provider for non-transfer (e.g.  lohn);
• the customer/supplier for stock operations at the customer’s disposal.

Users who are required to declare goods in E-transport are also required to provide the transport operator/driver with the ITU code for the transported goods. The UIT code must be written on the transport document, legible and without deletions or additions.

How to use the RO e-Transport application?

In order to declare the transport of goods with high fiscal risk and the international road transport of goods, economic operators must be registered in the SPV (electronic private space of the fiscal authorities), in their own name or through a legal representative, through a designated representative or through a proxy.

The structure of the declaration includes:

• General details: transport data (transport date, partner name, partner country, transport organisation country, vehicle number (tractor unit), transport organisation name)
• Start/end places of the transport;
• Goods: information about the goods being transported;
• Transport documents;
• Other information.

Deadlines and validity of the UIT code

Each shipment is identified by a unique UIT code, which allows the tracking of the route of the goods, both nationally and internationally.

The UIT code is generated no more than 3 (three) days before transport and is valid for 5 (five) calendar days. After the departure of the vehicle or entry into Romania, the inputted data in the system can no longer be changed.

Exceptions to the declaration

Shipments for diplomatic missions, NATO or international organizations, excise goods under suspension regime and postal parcels up to 31.5 kg according to GEO 13/2013 are not declared.

Penalties and fines

Penalties

In accordance with the provisions of art. 13¹ of GEO no. 41/2022, the following acts constitute contraventions, if they are not committed under such conditions that, according to the criminal law, they are considered crimes:

• failure to comply with the provisions regarding the obligation of users to declare in the RO e-Transport System the data regarding the shipments of goods that fall under its scope so that they can be identified by the UIT code;
• the use by the road transport operator of the UIT code beyond its validity period;
• unloading on the territory of Romania the goods that are the subject of intra-community transactions in transit, except for those that are subject to storage or the formation of a new transport from one or more consignments of goods;
• declaring in the RO e-Transport System quantities different from those that are subject to the transport of goods

Fines

The facts listed above are sanctioned with a fine of:

• 10,000–50,000 lei (individuals)
• 20,000–100,000 lei (legal entities)
• 5,000–10,000 lei for drivers (lack of UIT code, unused GPS)

If, within a maximum of 12 months from the first sanction of the act, the economic operator commits:

• the second contravention in the category of the above, for which he has already been sanctioned, the contravention is sanctioned with the same fine, plus the confiscation of 15% of the value of the undeclared goods;
• the third contravention in the category of the above, for which he has already been sanctioned, the contravention is sanctioned with the same fine, plus the confiscation of 50% of the value of the undeclared goods;
• the fourth contravention in the category of the above, for which he has already been sanctioned, the contravention is sanctioned with the same fine, plus the confiscation of 100% of the value of the undeclared goods

If the second contravention occurs more than 12 months after the first sanction, only the fine is applied (not the confiscation).

Exception: the complementary sanction of confiscation does not apply if the non-declaration of the transport of goods with high fiscal risk is found after the end of the transport, but the transport is recorded in the supporting documents and is reflected in the accounting in the corresponding period.

Other acts considered contraventions(if they are not crimes) that are sanctioned with a fine:

• Failure to update the transport vehicle information within the validity period of the UIT code.
• Failure to declare the transport in the system by the end of the working day after the system is restored, in case of officially announced malfunction.
• Failure to make the UIT code available to the transport operator/driver by the user, until:
  • entry into Romania/place of import, or
  • setting the vehicle in motion.
• Changing the data in the system after the start of the transport, except for updating the vehicle information during the validity period of the UIT code.
• Failure to fully declare the goods transported in the system for a consignment of goods.
• Failure to ensure the transmission of vehicle positioning data by the road transport operator throughout the route. (This contravention is suspended until December 31, 2025.)

Who applies the sanctions

ANAF, the Romanian Customs Authority and the Romanian Police have the competence to apply the sanctions. All fines are registered in a centralized register managed by ANAF, the “Electronic Register of Sanctions Applied in RO e-Transport”, according to ANAF Order no. 1659/2025.

Accace Romania’s support

Complying with the obligations related to the RO e-Transport system is a challenge for companies that carry out national and international transports. Our specialists from Romania can support you in the correct interpretation and application of the legislative requirements, the registration and use of the system, but also in the preparation of documentation to avoid penalties and delays.

Anca Ghizdavu

Tax Director | Accace Romania

Get in touch with us

During past years, intragroup transactions have become a reality and a status-quo for recent business models. Financial-wise, companies belonging to a group, either national or international, are prone to tailoring operational and financial flows efficiently depending though on the business model pursued.

Yet, from a tax point of view, such transactions do create an additional pressure and administrative burden for taxpayers that are required to fulfil certain principles set forth by international tax law transposed also into domestic law. Basically, such intercompany transactions shall observe the arm’s length principle.

What arm’s length principle means?

In brief, the price agreed and charged between related parties belonging to the same group (affiliation relationship being assessed based on Romanian tax rules) shall be in line with the price that would have been agreed between totally independent parties for a similar transaction, under similar conditions.

This principle represents the base root of the taxpayers’ obligation to prepare a transfer pricing file according to Romanian tax law. The transfer pricing file represents a comprehensive and complex document aimed to describe the business structure and activities, undertaken functions, risks borne by the parties – that are expected to facilitate the documentation of whether the transfer prices agreed are in line with the arm’s length principle. Even though there are multiple transfer pricing methods to check to document the observance of the arm’s length principle, the most used and preferred by the Romanian tax authorities is the net margin method which supposes to compare the net margin obtained by the concerned taxpayer out of the analyzed transaction with the net margins derived on the market by independent suppliers with a similar functional profile. The analysis consists in a benchmarking study prepared using a specialized database.

What is the exposure of taxpayers carrying out intercompany transactions?

First of all, we would like to mention that the fine that a taxpayer may be subject to is the lowest risk the company is exposed to. Actually, failure to present the transfer pricing file or a robust documentation (which is the common mis-practice) is expected to trigger significant additional tax liabilities in the area of corporate tax in case of a tax audit. Thus, if tax authorities were to consider that the sale price was undervalued, the taxable basis will be adjusted accordingly so as the net margin of the taxpayer reflects the market level. Also, additional tax liabilities are backed up by late payment interest and penalties.

Therefore, the tax team of Accace Romania, by way of its tax and legal department, would be glad to support you in any of the following directions:

• Preparation / review of intercompany contracts that shall accurately reflect the functions and risks each party undertakes / bears. As one may know, the higher the risk, the higher the return and therefore a higher corporate tax. Yet, we have noticed during the tax audits we have assisted that the tax inspectors have leveraged the risk related contractual clauses to challenge the mark-up which should have been higher.
• Preparation / review of the TP mechanism which shall be enclosed in the contract
• Determination of the most appropriate mark-up expected to give to the taxpayer a high level of comfort during the preparation of the TP file, as well as during the tax audit.
• Preparation of the TP file and benchmarking studies
• Assistance in the administrative area, as well as in dispute resolutions with the tax authorities

We remain available to assist you in any of the above-listed directions and to address any questions in relation to any tax and legal topic.

Anca Ghizdavu

Tax Director | Accace Romania

Get in touch with us

On Friday, October 27, 2023, Law no. 296/2023 regarding certain fiscal and budgetary measures to ensure the long-term financial sustainability of Romania, aimed as tax reform measures – was published in the Official Gazette. The Law contains both tax changes and other measures that strengthen financial discipline. Regarding the entry into force of the measures, some of them have immediate applicability, i.e. November 1, whilst others will enter into force gradually, according to the particular entry into force dates, e.g. November 14, 2023, January 1, 2024, July 1, 2024, etc. We have structured below the tax changes depending on the date of entry into force:

Fiscal changes entering into force on November 1, 2023

Starting with the revenues of November 2023, the tax treatment applicable to employees operating in the IT sector (activities of software development, tax exempt so far), construction, agriculture and agri-food sector is standardized as follows:

• Tax exemption on gross salaries up to a limit of Lei 10,000, inclusive, the portion exceeding the threshold being fully taxable. 
• Pension fund contribution of 25% is due, less the mandatory private pension fund contribution of 3.75% (that will increase to 4.75% starting 1st of January 2024) – until 31.12.2028. Employee may though opt for the payment of the thus reduced contribution. 
• Health insurance contribution of 10% is due.
• Work insurance contribution is due – 2.25% or the one applicable to special conditions, if the case.

Fiscal changes that enter into force on January 1, 2024

These tax changes target a wider range of tax areas, as we will detail below:

1. Corporate income tax

Minimum corporate tax for taxpayers with a turnover higher than EUR 50 million

• A minimum tax of 1% on turnover is implemented for taxpayers who derived a turnover of over 50 million euros in the previous fiscal year and, during the concerned year, the corporate tax computed at the level of the cumulated profits is lower than the minimum tax.
• The calculation of the minimum corporate tax will be performed as follows: IMCA = 1% x (VT – Vs – I – A), where the indicators are:
  • IMCA = minimum tax, determined cumulatively from the beginning of the fiscal year/modified fiscal year up to the end of the quarter/concerned year.
  • VT = total revenues, determined cumulatively from the beginning of the fiscal year/modified fiscal year to the end of the quarter/concerned year, as the case may be;
  • Vs = revenues that are subtracted from total revenues, determined cumulatively from the beginning of the fiscal year/modified fiscal year to the end of the quarter/concerned year, as the case may be, representing: regulated non-taxable revenues, revenues related to work in progress, revenues from subsidies, compensations for damages.
  • I = the value of the purchase/production of assets carried out in the quarter/concerned year, starting with FY 2024, respectively with the modified fiscal year starting in 2024; if the assets are realized during several consecutive years, the value taken into account for the determination of this indicator is the one recorded in the accounting records related to the accounting quarter/year, as the case may be;
  • A = accounting depreciation of assets purchased/produced before January 1, 2024 / first day of the modified fiscal year beginning in 2024.
• If the minimum tax is negative, then, it shall be considered NIL.
• The corporate tax that serves as a comparison is the cumulated corporate tax after deducting the tax credit for sponsorship, the bonuses provided for by EGO 153/2020, but without deducting the external tax credit or the tax exemption on reinvested profit.
• Rules are also introduced for taxpayers who apply the annual system with advance payments of profit tax, as well as for members of the fiscal group / responsible person within the group.

Additional tax on turnover for credit institutions – Romanian legal entities and Romanian branches of credit institutions – foreign legal entities.

An additional tax of 2% is established (until December 31, 2025), respectively 1% starting from January 1, 2026 on the turnover derived by credit institutions – Romanian legal entities and Romanian branches of credit institutions – foreign legal entities, tax in addition to the profit tax due.

Additional tax on turnover for legal entities that carry out activities in the oil and gas sectors and that register a turnover of over EUR 50 million in the previous year. The formula for calculating the tax on turnover is: 0.5% x (VT – Vs – I – A).

2. Microenterprise tax

• First of all, we mention that the eligibility conditions for the qualification of a Romanian legal entity as a microenterprise taxpayer have not been changed, as initially proposed.
• The tax rates are amended as follows, depending on new conditions introduced by the law:
  • 1%, for microenterprises that derive revenues that do not exceed EUR 60,000 inclusive and that do not carry out the activities provided for in letter b) point 2 below;
  • 3%, for microenterprises that:
    • derived revenues higher than EUR 60,000; or
    • carry out activities, main or secondary, corresponding to the following NACE codes:
      • 5821 – Computer game publishing activities,
      • 5829 – Editing activities of other software products,
      • 6201 – Custom software creation activities (customer-oriented software),
      • 6209 – Other service activities regarding 7 information technology,
      • 5510 – Hotels and other similar accommodation facilities,
      • 5520 – Accommodation facilities for holidays and short periods,
      • 5530 – Caravan parks, campsites and camps,
      • 5590 – Other accommodation services,
      • 5610 – Restaurants,
      • 5621 – Food activities (catering) for events,
      • 5629 – Other food services n.e.c.,
      • 5630 – Bars and other activities serving drinks,
      • 6910 – Legal activities – only for professional companies with legal personality, established by lawyers according to the law,
      • 8621 – General medical assistance activities,
      • 8622 – Specialized medical assistance activities,
      • 8623 – Dental assistance activities,
      • 8690 – Other activities related to human health.
• Rules are introduced for shifting to one tax rate to another in case of exceeding the threshold of EUR 60,000 or the performance of the regulated activities mentioned above.

3. Income tax

• It is clarified that taxable income represents the equivalent in Lei of meal vouchers within the same limits and conditions, as well as within the same destinations as those provided by law, granted to employees who do not benefit from such vouchers.
• Changes are brought to the types of revenues that are included in the non-taxable 33% basic salary limitation:
  • With regard to the value of the food provided by the employer to its own employees, it is mentioned that the number of days in the month in which the employee carries out telework activity or work from home or is on holiday/medical leave/delegation is not taken into account.
  • Regarding the value of the touristic and/or treatment services, including transport, during the holiday period, for own employees and their family members, the provisions are not applicable to employees who benefit from holiday vouchers, in accordance with the legislation in force.
• Changes to the computation of the personal income tax for individuals carrying out independent activities subject to cash accounting system: the annual taxable income is the net income from any source out of which pension fund and health insurance are deducted. The deduction of the social contributions are proportionate with the ratio of such revenues in total revenues subject to social contributions.

4. Social contributions

• Health insurance contribution becomes due for meal vouchers and holiday vouchers.
• Individuals who earn income from independent activities from one or more sources are subject to 10% health insurance contribution applied to the annual net income (income allowances) which cannot be higher than the level of 60 gross minimum wages in force upon the submission of the Unique Tax Return.
• Individuals who derive income from independent activities below 6 gross minimum wages are not subject to health insurance contribution as long as they also derive salary revenues or other source of income higher than 6 minimum gross salaries.
• Individuals who obtain income from investment, rental activities, intellectual property rights will be subject to health insurance applied to:
  • 6 minimum wages in force upon the submission of the Unique Tax Return, if the income falls between 6 and 12 minimum wages;
  • 12 minimum wages in force upon the submission of the Unique Tax Return, if the income falls between 12 and 24 minimum wages;
  • 24 minimum wages in force upon the submission of the Unique Tax Return, if the income is at least 24 minimum wages.

5. VAT

• The concept of home that can be lived in as such, for VAT purposes, is redefined.
• For the following products, the VAT rate is increased to 19%: alcohol-free beer, foods with added sugar (over 10g/100g product), with the exception of Romanian specialty (RO: cozonac) and biscuits.
• The following operations will be charged with 9% VAT (increased from 5%):
  • the delivery of housing as part of the social policy (i.e. with a useful surface of a maximum of 120 sqm, exclusive of household annexes, whose value, including the land on which they are built, does not exceed the amount of Lei 600,000, exclusive of VAT);
  • delivery and installation of photovoltaic panels, solar thermal panels, heat pumps and other high-efficiency, low-emission heating systems, including installation kits, as well as all necessary components purchased separately for housing/central public administration buildings or local with the exception of commercial companies;
  • delivery and installation of components for the repair and/or expansion of systems as a component part of construction deliveries;
  • services that consist of access to malls, amusement parks and recreational parks whose activities are included in CAEN codes 9321 and 9329, fairs, exhibitions, cinemas and cultural events, other than those exempt from VAT;
  • services consisting of access to sports events.
• The following operations will be charged with 19% VAT (increased from 5%):
  • the right to use sports facilities whose activities are included in NACE codes 9311 and 9313, other than the exempt ones;
  • the transport of persons by trains or historical vehicles with steam traction on narrow lines for touristic or leisure purposes;
  • the transport of persons using the cable transport facilities – cable car, cable car, chair lift, ski lift – for tourist or leisure purposes;
  • the transport of persons with animal-drawn vehicles, used for tourist or leisure purposes;

6. Excise duties

• Unharmonized excise duties are introduced for the following categories of products: products containing tobacco, intended for inhalation without burning; liquids with or without nicotine, intended for inhalation without burning; products intended for inhalation without burning, containing tobacco substitutes, with or without nicotine; non-alcoholic drinks with added sugar for which the total sugar level is between 5g – 8g/100ml; non-alcoholic drinks with added sugar for which the total sugar level is more than 8 g/100 ml.
• We remain available for details regarding the tariff classification as well as other conditions provided by law.

7. Special tax on high value goods

• The special tax on high-value goods is introduced for the following categories of taxpayers:
  • Individuals who, as of December 31 of the previous fiscal year, own residential buildings in Romania solely or under joint ownership whose taxable value exceeds Lei 2,500,000. The tax is computed as 0.3% applied to the difference between the taxable value of the building communicated by the local fiscal body through tax decision and the threshold of  Lei 2,500,000;
  • Individuals/legal entities that own vehicles registered in Romania and whose purchase value exceeds 375,000 lei. The special tax is computed as 0.3% applied to the difference between the purchase value and the threshold of Lei 375,000 and is due for a period of 5 years from the date of registration of the vehicle or for the fraction of time until the completion of the 5-year period.
• Deadlines for submission of the tax return and payment of tax:
  • April 30 inclusive of the current fiscal year – for owners of residential buildings;
  • December 31 inclusive of the current fiscal year – for vehicle owners.

8. Generalized B2B RO-invoice system

• Electronic invoicing becomes mandatory under B2B regime as follows:
• Starting January 1, 2024, economic operators established in Romania for VAT purposes, as well as those not established in Romania but registered for VAT purposes that supply goods / services with the place of supply in Romania, are required to issue electronic invoices and send them in the national RO-invoice system, regardless of whether the recipient is enrolled in the system or not. Exports and intra-Community deliveries of goods are excluded.
• The deadline for submitting invoices in the national RO e-Invoice electronic invoice system is 5 working days from the date of the invoice, but no later than the 15th of the following month.
• Grace period: during January 1 – March 31, 2024, there are no penalties for non-compliance with the obligations to submit invoices in the RO e-Invoice system.
• Contraventions for failure to comply with obligations in the e-invoice field:
  • Lei 5,000 – 10,000 for large taxpayers;
  • Lei 2,500 – 5,000 for medium taxpayers;
  • Lei 1,000 – 2,500 for other legal entities, as well as for individuals.

Fiscal changes – entry into force from July 1, 2024

• Starting July 1, 2024, only invoices issued and transmitted in the national RO-invoice system by taxable persons established in Romania under the B2B regime for supplies of goods and services taxable in Romania will be considered invoices within the meaning of art. 319 of the Fiscal Code, without the need for being accepted by the recipients.
• Revenues discovered by the tax authorities whose source is not identified will be subject to a 70% tax rate applied to an adjusted basis.

Measures aimed to strengthen financial discipline – entry into force November 14, 2023

• Law 296/2023 amends also Law no. 70/2015 for strengthening the financial discipline regarding the operations of cash collections and payments and for the amendment and completion of EGO no. 193/2002 regarding the introduction of modern payment systems, with subsequent amendments and additions.
• The changes concern the operations of cash collections and payments, as follows.
• Cash collections and payments can be performed under the following conditions:,
  • Collections from legal entities, freelancers and other similar entities, within the limit of a daily ceiling of RON 1,000.00 per person;
  • Collections made by cash and carry stores, from legal entities, freelancers and other similar entities, within the limit of a daily ceiling of RON 2,000.00 per person;
  • Payments to legal entities, freelancers and other similar entities, within the limit of a daily ceiling of RON 1,000.00 / person, but not more than a total ceiling of RON 2,000.00/day;
  • Payments to cash and carry stores, within a total daily ceiling of RON 2,000.00;
  • Advance payments, within the limit of a daily ceiling of RON 1,000.00 per person;
  • The cash amounts in the cash register of legal entities cannot exceed, at the end of each day, the ceiling of RON 50,000.00. Cash amounts that exceed the ceiling are deposited in the bank accounts of these persons within 2 (two) working days;
  • By way of exception, it is allowed to exceed this ceiling only with the amounts related to the payment of salaries and other personnel rights, as well as other operations with individuals, for a period of 3 (three) working days from their scheduled payment date.
• Non-compliance with above provisions constitutes contraventions being sanctioned with a fine in an amount equivalent to 25% of the amount collected/paid, respectively held in the cash register, which exceeds the established ceiling, for each type of operation, but not less than RON 500.00.
• Split cash collections from beneficiaries for invoices whose value is greater than RON 1,000.00 and, respectively, RON 2,000.00, in the case of cash and carry stores, as well as splitting invoices for a delivery of goods or a provision of services whose value is greater than RON 1,000.00, respectively RON 2,000.00 are forbidden.
• Split cash payments to suppliers of goods and services for invoices whose value is higher than RON 1,000.00 and, respectively, RON 2,000.00, to cash and carry stores are prohibited. The persons provided for in art. 1 paragraph (1) from Law 70/2015 can pay invoices with values that exceed the ceiling of RON 1,000.00, to suppliers of goods and services, respectively of RON 2,000.00, to cash and carry stores, as follows: RON 1,000.00 /RON 2,000.00 in cash, the amount exceeding this ceiling can only be paid through non-cash payment instruments.
• Cash collection and payment operations between legal entities, freelancers individuals, representing the consideration for deliveries or purchases of goods or services, dividends, assignments of claims or other rights and receipts or reimbursement of loans or other financing it is carried out within the daily ceiling of RON 5,000.00 to/from one person, until December 31, 2024 and RON 2,500.00, starting from January 1, 2025.
• The operations of cash collections and payments performed between legal entities, freelancers and individuals as shareholders/administrators/natural persons/other creditors save for institutional creditors that carry out financial intermediation activities representing loans regardless of their nature and destination area allowed only through non-cash payment instruments.

Anca Ghizdavu

Tax Director | Accace Romania

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In light of the global pandemic and the widespread adoption of remote work, nonresident companies have increasingly turned their attention to the Romanian workforce, particularly in sectors that can easily accommodate remote work arrangements. As part of their strategies to attract and retain employees, these companies are considering entering into individual labor agreements with Romanian tax residents who will work from their home offices in Romania.

Permanent establishment in Romania for tax liabilities

However, before proceeding with such agreements, it is essential for these companies to conduct a thorough analysis of the risk of generating a permanent establishment (PE) in Romania.

The concept of a permanent establishment holds significant importance as it determines the potential corporate income tax liabilities that nonresident companies may face in Romania. Recent declarations made by the Romanian tax authorities have emphasized the necessity for nonresident companies to carefully evaluate whether their activities conducted through their employees in Romania satisfy the criteria for establishing a permanent establishment.

Determining the existence of a permanent establishment involves considering various factors, such as the nature and duration of the activities conducted, the presence of employees or agents in Romania, the utilization of facilities, and the level of authority exercised within the country. It is advisable for nonresident companies to engage professional guidance and conduct a comprehensive examination of the available information to accurately assess the potential PE risk.

Social contributions in Romania for non-resident companies

In Romania, there are several social contributions that are in the charge of the employee on a monthly basis: health insurance contribution and social (Pension) insurance contribution, while the work insurance contribution is in the employer’s charge.

The currently available alternatives for nonresident companies to declare and pay social contributions in Romania are the following:

• Registration of the nonresident employer for social contribution purposes in Romania. Thus, the employer will file monthly tax returns by way of which social contributions will be declared and paid to the State Budget. Regarding personal income tax, it will remain in the charge of the employee who is also be required to file the personal income tax return on a monthly basis. In conclusion, two separate returns will be submitted on a monthly basis.
• Shifting the responsibility in terms of social contributions to the employee by way of concluding a separate agreement with the employee who will take over the obligations thus arising. Hence, the employee will file one single tax return comprising also the personal income tax and social contributions on behalf of the employer and will pay all tax liabilities arising as a result of the employment agreement.

Each alternative entails pros and cons which shall be discussed on a case-by-case basis.

Rely on experienced Romanian advisors for a peace of mind

Our team of experts not only provides valuable insights and guidance but also offers a range of additional benefits to streamline your business operations. By entrusting Accace with your agenda, you can save precious time as our dedicated advisors communicate with authorities and handle all necessary documentation. We ensure that every form is meticulously filled, sparing you the hassle of paperwork.

Moreover, our expertise allows us to identify the proper registrations required for your specific needs, eliminating unnecessary costs.

The tax and corporate advisory team of Accace Romania is able to assist you in the entire process starting from the analysis of the permanent establishment risk, preparation of the employment agreement, tax registration and monthly tax and payroll assistance in any of the above mentioned alternatives.

With Accace, you can rest assured that you’re on the right track, making informed decisions and optimizing your resources.

Anca Ghizdavu

Tax Director | Accace Romania

Get in touch with us

We are getting very close to the most important tax deadline of the year when individuals who derive income from Romania or from abroad, other than salary related revenues, are required to prepare and file the Unique Tax Return for revenues earned during 2022, as well as for the estimations performed for 2023 and settlement of the tax payments for 2022.

Thus, according to the Romanian tax calendar, 25th May 2023 represents the deadline for declaration and payment of the income tax and social contributions for 2022 and revenue-estimation for 2023. The types of revenues falling under this obligation are: revenues from freelancing activities / liberal professions, rent, dividends, capital gains, interest, cryptocurrency revenues, etc.

If this legal obligation applies to you or you would like to know more details, our tax specialists may assist you in the entire flow starting from assessment of the tax status of the individual, determining the correct tax treatment, as well as in the preparation and submission of the Unique Tax Return.

The Romanian Tax Department colleagues are gladly available to address any questions which may arise in relation to the above information, as well as to any other tax area.

Anca Ghizdavu

Tax Director | Accace Romania

Get in touch with us