Tax Flash no. 126
Tax Flash no. 126
In the Official Gazette, Part I, No. 1160 of 15 December 2025, was published the Law no. 239/2025 on the establishment of measures for the recovery and efficiency of public resources, as well as for the amendment and supplementation of certain normative acts.
We present below the most significant tax changes introduced.
KEY AMENDMENTS TO LAW NO. 227/2015 ON THE FISCAL CODE
Starting with 2026 or the amended fiscal year beginning in 2026, a new article is introduced, Art. 251, regarding the limited deductibility for certain expenses incurred in relation to non-resident affiliated entities, namely for expenses related to intellectual property rights, management expenses and consulting expenses, where such expenses exceed 1% of total expenses.
Accordingly, a deductible threshold of 1% of the total expenses recorded in the fiscal year of calculation is introduced.
For the deductibility at computation of corporate income tax due for 2026, the 1% threshold for expenses incurred with non-resident affiliated entities will be assessed by reference to total expenses recorded in the profit and loss account for financial year 2024/financial year different from the calendar year starting in 2024.
As of 2027, the 1% threshold will be determined based on expenses recorded in the relevant fiscal year, and such expenses will be reported through a new tax return, to be established by order of the Minister of Finance.
For the assets included in indicators I and A taken into account in determining the supplementary turnover tax for legal entities carrying activity in the oil and natural gas sectors („STT”) for the 2024–2025 period, is maintained the obligation to retain such assets in the taxpayer’s patrimony for a minimum period equal to half of their economic useful life, but no longer than 5 years.
Failure to comply with this requirement triggers a recalculation of the tax.
Exceptions apply to assets that:
Short-term rental by owners, usufructuaries or other legal holders of rooms located in personal residential properties represents the uninterrupted rental of a room to the same person for periods of up to 30 days within a calendar year. Where the rental is carried out for a fraction of a day, it is deemed to be a one-day rental.
The taxation of income obtained from the short-term rental of rooms located in personal residential properties shall be carried out as follows:
The commission withheld by entities facilitating the short-term rental of rooms located in personal residential properties, including electronic interfaces such as an online marketplace, platform, portal or similar means, is not included in the gross income.
Where amounts are collected in foreign currency, their equivalent in RON is determined using the exchange rate communicated by the National Bank of Romania on the last banking day preceding collection.
As taxation differences applicable to income from independent activities:
The income tax rates applicable to income in the form of gains from the transfer of securities and derivative financial instruments intermediated by investment management companies, self-managed investment companies and managers of alternative investment funds, Romanian tax residents or non-residents having a permanent establishment in Romania acting as intermediary, are increased as follows:
At the same time, the income tax rate applicable to gains from the transfer of securities and derivative financial instruments obtained through a non-resident intermediary or without the involvement of an intermediary, as well as from the transfer of investment gold, increases from 10% to 16%.
The income tax rate applicable to gains from cryptocurrencies is amended from 10% to 16%, while maintaining the tax exemption for gains below RON 200 per transaction, provided that the total gains within a fiscal year do not exceed RON 600.
The annual threshold up to which taxpayers obtaining income from independent activities owe the health insurance contribution is increased from 60 minimum gross salaries per economy to 72 minimum gross salaries per economy.
The rates and levels of local taxes to be used for the year 2026 will be established by a decision of the local council, adopted by 31 December 2025.
Local councils / the General Council of the Municipality of Bucharest may decide to grant exemptions or reductions of local taxes and duties for the year 2026, based on cost–benefit analyses, for a determined period of time of up to two fiscal years, subject to certain criteria predefined, through a decision adopted by 31 December 2025.
Starting in 2026, the special tax will increase and will be calculated as follows:
KEY AMENDMENTS TO LAW NO. 207/2015 ON THE FISCAL PROCEDURE CODE
Are introduces new cases for declaring taxpayers inactive for taxpayers who that do not hold a payment account in Romania or an account opened with the State Treasury, as well as for taxpayers that fail to submit annual financial statements within five months from the statutory filing deadline.
A statutory dissolution mechanism is introduced for taxpayers who remain inactive for an extended period of time:
A new mandatory guarantee instrument is introduced, whereby payment rescheduling arrangements will be conditional upon the submission of a surety agreement. Surety is required where sufficient assets are not available for guarantee, for debtors with a history of less than 12 months, as well as where the modification or maintenance of a rescheduling arrangement is requested.
The following significant changes are introduced with respect to payment rescheduling and guarantees:
LOGISTICS TAX OF 25 RON
A fixed logistics tax of 25 RON per parcel is introduced for goods with a declared value below 150 euros, imported from outside the European Union, irrespective of the EU Member State in which the goods are released for free circulation.
Key aspects:
The procedure for declaring the logistics tax will be established by order of the President of the National Agency for Fiscal Administration (NAFA), to be issued within 30 days from the entry into force of the Law.
We present below the most significant tax changes introduced.
KEY AMENDMENTS TO LAW NO. 227/2015 ON THE FISCAL CODE
- CORPORATE INCOME TAX
- Special regime applicable to taxpayers incurring expenses with affiliated entities that are neither incorporated nor have their place of effective management in Romania
Starting with 2026 or the amended fiscal year beginning in 2026, a new article is introduced, Art. 251, regarding the limited deductibility for certain expenses incurred in relation to non-resident affiliated entities, namely for expenses related to intellectual property rights, management expenses and consulting expenses, where such expenses exceed 1% of total expenses.
Accordingly, a deductible threshold of 1% of the total expenses recorded in the fiscal year of calculation is introduced.
For the deductibility at computation of corporate income tax due for 2026, the 1% threshold for expenses incurred with non-resident affiliated entities will be assessed by reference to total expenses recorded in the profit and loss account for financial year 2024/financial year different from the calendar year starting in 2024.
As of 2027, the 1% threshold will be determined based on expenses recorded in the relevant fiscal year, and such expenses will be reported through a new tax return, to be established by order of the Minister of Finance.
- Exempt taxpayers:
- taxpayers subject to the minimum turnover tax, i.e. with turnover exceeding 50 million euros in the preceding year;
- taxpayers holding a valid Advance Pricing Agreement (APA) or applying for an APA starting with 2027 for the relevant transactions;
- credit institutions – Romanian legal entities, as well as Romanian branches of foreign credit institutions.
- Expenses excluded from the limited deductibility regime:
- expenses representing intellectual property rights, management, consultancy incurred to obtain trademarks, industrial designs, copyrights, and other similar rights registered in Romania;
- expenses capitalized in the value of tangible/intangible assets.
- Other aspects to be considered:
- for the year 2026/amended fiscal year starting in 2026, affiliated entities are those defined according to the applicable accounting regulations. From 2027, the definition of affiliated persons will be that provided under the Fiscal Code (Art. 7, point 26);
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- for fiscal groups, the analysis is performed at the level of each group member.
- Tax treatment of assets under construction included in the STT calculation
For the assets included in indicators I and A taken into account in determining the supplementary turnover tax for legal entities carrying activity in the oil and natural gas sectors („STT”) for the 2024–2025 period, is maintained the obligation to retain such assets in the taxpayer’s patrimony for a minimum period equal to half of their economic useful life, but no longer than 5 years.
Failure to comply with this requirement triggers a recalculation of the tax.
Exceptions apply to assets that:
- are transferred as part of reorganization operations carried out in accordance with the law;
- are disposed of in the course of liquidation or bankruptcy proceedings;
- are destroyed, lost, stolen, or damaged and replaced, with supporting documentation;
- are removed from the company’s assets as a result of fulfilling legal obligations.
- INCOME TAX
- Income from the short-term rental of rooms located in personal residential properties
Short-term rental by owners, usufructuaries or other legal holders of rooms located in personal residential properties represents the uninterrupted rental of a room to the same person for periods of up to 30 days within a calendar year. Where the rental is carried out for a fraction of a day, it is deemed to be a one-day rental.
The taxation of income obtained from the short-term rental of rooms located in personal residential properties shall be carried out as follows:
- Between 1 and 7 rooms inclusive, the income is classified as income from the granting of use of goods, and the taxable base (net income) is determined by deducting a flat-rate expense of 30% from the gross income.
- For 8 rooms or more, the income is classified as income from independent activities, and the taxable base is determined by deducting a flat-rate expense of 30% from the gross income.
The commission withheld by entities facilitating the short-term rental of rooms located in personal residential properties, including electronic interfaces such as an online marketplace, platform, portal or similar means, is not included in the gross income.
Where amounts are collected in foreign currency, their equivalent in RON is determined using the exchange rate communicated by the National Bank of Romania on the last banking day preceding collection.
As taxation differences applicable to income from independent activities:
- Gross income also includes:
- income in the form of interest from trade receivables or other receivables used in connection with an independent activity;
- income from commitments not to carry out an activity or not to compete;
- income resulting from the cancellation or exemption from payment of certain liabilities.
- The social security contribution is also due (not only the health insurance contribution).
- The health insurance contribution amounts to 10% of the annual net income and is capped at the level of 72 minimum gross salaries per economy, whereas in the case of income from the granting of use of goods, the thresholds of 6 / 12 / 24 minimum gross salaries per economy apply.
- Income from investments
The income tax rates applicable to income in the form of gains from the transfer of securities and derivative financial instruments intermediated by investment management companies, self-managed investment companies and managers of alternative investment funds, Romanian tax residents or non-residents having a permanent establishment in Romania acting as intermediary, are increased as follows:
- from 1% to 3% for each gain obtained from the transfer of securities or derivative financial instruments held and disposed of for a period longer than 365 days, inclusive, from the acquisition date;
- from 3% to 6% for each gain obtained from the transfer of securities or derivative financial instruments held and disposed of for a period shorter than 365 days, inclusive, from the acquisition date.
At the same time, the income tax rate applicable to gains from the transfer of securities and derivative financial instruments obtained through a non-resident intermediary or without the involvement of an intermediary, as well as from the transfer of investment gold, increases from 10% to 16%.
- Income from other sources
The income tax rate applicable to gains from cryptocurrencies is amended from 10% to 16%, while maintaining the tax exemption for gains below RON 200 per transaction, provided that the total gains within a fiscal year do not exceed RON 600.
- MANDATORY SOCIAL CONTRIBUTIONS
The annual threshold up to which taxpayers obtaining income from independent activities owe the health insurance contribution is increased from 60 minimum gross salaries per economy to 72 minimum gross salaries per economy.
- LOCAL TAXES
The rates and levels of local taxes to be used for the year 2026 will be established by a decision of the local council, adopted by 31 December 2025.
Local councils / the General Council of the Municipality of Bucharest may decide to grant exemptions or reductions of local taxes and duties for the year 2026, based on cost–benefit analyses, for a determined period of time of up to two fiscal years, subject to certain criteria predefined, through a decision adopted by 31 December 2025.
- Building tax
- The new legislative framework introduces significant adjustments to the regime governing exemptions from and reductions of the building tax. These changes include both the narrowing of categories that automatically benefit from tax incentives and the recalibration of local authorities’ powers, through the repeal or amendment of certain existing provisions.
- According to Article 456(3), buildings used as greenhouses, solariums, seedbeds, mushroom farms, feed silos, silos and/or barns intended for the storage and preservation of cereals are no longer fully exempt, as previously provided under the Fiscal Code. Instead, the building tax is reduced by 50%, excluding areas used for other economic activities and subject to compliance with the applicable state aid legislation.
- Exemptions or reductions of the building tax/duty are granted to taxpayers who hold the required supporting documents and submit them to the local tax authority within the deadline set by the decision of the local council or the General Council of the Municipality of Bucharest. In addition, taxpayers must have paid the building tax/duty for the previous fiscal year within the statutory deadlines. The exemption or reduction applies starting from 1 January of the fiscal year following the year in which the council decision was issued.
- In terms of tax rates, the law introduces an important temporary restriction: the building tax rate for 2026 may not be lower than the rate applied in 2025. This applies to local council decisions (including the Bucharest General Council) and covers both individuals and legal entities, regardless of the building’s use (residential or non-residential).
- Table 6 of Article 457 sets out the new taxable values per square meter for residential buildings (used in calculating the building tax for individuals), which have been significantly increased, by approximately 2.5–3 times compared to the previous values.
- Please note that for 2026, the provisions regarding the calculation method of the building tax remain similar to those of 2025, and the new provisions will be applicable from 1 January 2027.
- Land tax
- The list of land plots exempt from land tax is amended similarly to the changes for buildings.
- A new exemption is introduced for land related to new buildings completed as part of investment projects involving manufacturing, storage and logistics. The incentive applies for two years starting from 1 January of the year following final acceptance of the building, subject to state aid rules. Eligible activities will be detailed in the application norms.
- Similar to the building tax, exemptions from or reductions of the land tax are granted to taxpayers who hold the required supporting documents and submit them to the local tax authority within the deadline set.
- The values to be used for determining the land tax/duty are updated, under art. 465(4) and (7).
- Vehicle tax
- The method for calculating vehicle tax has been substantially modified for certain vehicle categories, with the introduction of a pollution standard criterion alongside engine capacity.
- For hybrid vehicles with CO₂ emissions ≤ 50 g/km, the local tax may be reduced by up to 30%, based on a decision by a local council/ General Council of Bucharest, as applicable.
- For fully electric vehicles, the vehicle tax is set at a fixed rate of RON 40 per year.
- Additionally, local authorities may impose additional tax rates, which can reach up to 100% above the maximum levels provided under the applicable tax legislation.
- Additionally, the categories of vehicles exempt from vehicle tax are significantly narrowed.
- Special tax on high-value immovable and movable assets (luxury tax)
Starting in 2026, the special tax will increase and will be calculated as follows:
- residential building tax calculated by applying a rate of 0.9% to the difference between the taxable value communicated by the tax authority and the threshold of RON 2,500,000 lei,
- vehicle tax calculated by applying a rate of 0.9% to the difference between the purchase value and the threshold of 375.000 lei.
KEY AMENDMENTS TO LAW NO. 207/2015 ON THE FISCAL PROCEDURE CODE
- Rules on tax inactivity and company dissolution
Are introduces new cases for declaring taxpayers inactive for taxpayers who that do not hold a payment account in Romania or an account opened with the State Treasury, as well as for taxpayers that fail to submit annual financial statements within five months from the statutory filing deadline.
A statutory dissolution mechanism is introduced for taxpayers who remain inactive for an extended period of time:
- If a taxpayer declared inactive does not reactivate within one year from the date of inactivity declaration, it will be dissolved in accordance with the normative act governing its incorporation;
- The tax authorities (NAFA) are required to initiate dissolution proceedings both for taxpayers without outstanding tax liabilities and for those with outstanding liabilities, provided they are not subject to criminal investigations.
- Payment rescheduling, guarantees and surety agreements
A new mandatory guarantee instrument is introduced, whereby payment rescheduling arrangements will be conditional upon the submission of a surety agreement. Surety is required where sufficient assets are not available for guarantee, for debtors with a history of less than 12 months, as well as where the modification or maintenance of a rescheduling arrangement is requested.
The following significant changes are introduced with respect to payment rescheduling and guarantees:
- Tax liabilities not included in the rescheduling schedule must be settled within 60 days from the date of the approval decision (previously 180 days);
- Requests for modification must be submitted within 60 days (previously 90 days);
- Where guarantees are insufficient, late payment penalties are no longer deferred, but included in the rescheduling;
- The validity of a payment rescheduling may be maintained only once per calendar year;
- Thresholds applicable to simplified rescheduling are adjusted as follows: individuals 500 – 100,000 RON; associations without legal personality: 2,000 – 100,000 RON; legal entities: 5,000 – 400,000 RON.
LOGISTICS TAX OF 25 RON
A fixed logistics tax of 25 RON per parcel is introduced for goods with a declared value below 150 euros, imported from outside the European Union, irrespective of the EU Member State in which the goods are released for free circulation.
Key aspects:
- The tax applies to distance sales of goods imported from outside the EU, where the place of dispatch or transport of the goods is outside the European Union;
- The tax is borne by the supplier of the goods, the sender, or the digital platform facilitating the sale, depending on the transaction structure;
- Postal service providers are responsible for the collection, declaration and payment of the tax;
- The tax must be paid to the State Budget by the 25th day of the month following the delivery of the parcel.
The procedure for declaring the logistics tax will be established by order of the President of the National Agency for Fiscal Administration (NAFA), to be issued within 30 days from the entry into force of the Law.