Page 46 - CEE Tax Guide 2025

Romania

Forvis Mazars Tax Consulting S.R.L.
4b and 2–4 Ing.
George Constantinescu Street, Building B
Globalworth Campus Pipera
RO-020339, Bucharest
Phone: (+40) 21 528 57 57
www.forvismazars.com/ro

Corporate taxes and other direct taxes Capital gains arising from the sale of participations
held in any state that Romania has a DTT with
CIT is 16%. To calculate the taxable profit, the are non-taxable.
accounting profit is adjusted upwards (with non- Tax consolidation is applicable in the field of CIT
deductible expenses) or downwards (with non- at the level of two or more legal entities. Once
taxable revenues). An additional deduction of no more tax consolidation has been opted for, it must
than 50% can be applied for certain R&D expenses.
be applied for 5 years.
Entities with a turnover over €50 million are The tax incentive can be applied, through which
required to pay a minimum 1% tax applied CIT payers can benefit, under certain conditions,
to adjusted turnover if the CIT under general rules from annual CIT discounts (2% up to 15%), which
is lower than the 1% turnover tax. is applicable until FY 2025.
Operators in the oil and gas sectors pay a 0.5% Tax losses can be carried forward for a period
tax applied to adjusted turnover, while credit of 5 years and offset with taxable profits up to 70%.
institutions pay a 2% turnover tax for 2025 and 1%
starting with January 1, 2026. Treaty network consisting of around 89 DTTs.
The WHT on Dividends is 10%.
The WHT for Interest and Royalties is 16%.
Transfer pricing in Romania
Capital gains from the sale of shares are tax exempt
Arm’s length principle Law 227/2015 (certain conditions apply).
Shareholders with more than 25% shares in a micro-
Documentation liability Order 222/2008,
Order 442/2016 company cannot have additional shareholdings
in other companies that apply the same regime.
APA Since 2007 2 tax rates are applicable for the micro tax regime:
(Order 3735/2015)
1% for turnover of less than EUR 60k and 3% for
Country-by-Country Non-Public CbCR and more than EUR 60k or for specific NACE codes.
liability Public CbCR (early The incentive implemented to stimulate the
adoption with FY 2023)
are applicable. capitalization of CIT payers is also applicable for
microenterprise taxpayers for the tax due in the
Master file-local file Only Local File rules fourth quarter of the fiscal year.
(OECD BEPS are applicable.
13) applicable
VAT and other indirect taxes
Penalty
General rate is 19%. Reduced rates are 9% (e.g.,
lack of documentation Penalties and adjustment
of tax base plus medicines, food, agricultural products, hotel,
ancillary tax debt. restaurant services, certain residential sales and
photovoltaic systems etc.) and 5% (e.g. books).
tax shortage Regular tax regime.
Certain medical and social activities are VAT exempt.
Related parties Min. Direct or indirect control. E-Invoicing is mandatory as of January 1, 2024 for
of 25% the taxpayers who perform B2B transactions and

Safe harbors No OECD’s simplified as of January 1, 2025 for those who perform B2C,
approach on low which their place is considered in RO. Starting July
value adding services
is not applicable. 1, 2024 the original invoice in purpose of deduction
is considered the xml file received in E-Invoice
Level of attention paid 10/10 system together with electronic signature attached
by Tax Authority
by Ministry of Finance.
Central and Eastern European tax guide 2025 Forvis Mazars 46