NNDKP Tax Flash No. 1/2026 – VAT refunds: Stricter screening, slower refunds, cash tied up longer
VAT refunds: Stricter screening, slower refunds, cash tied up longer
For years, VAT refunds were often paid only after a tax audit, with long delays, especially from 2009 to the mid-2010s. In April 2020, as a COVID measure, the rule was reversed: refund first, audit later, with limited exceptions. It became permanent in February 2022.
From 28 September 2026, the trend reverses, at least partially: more requests will go to audit before payment. ANAF now screens every request against 14 risk indicators, and one match sends it to audit. For audited requests, based on the risk analysis, the legal deadline is 90 days instead of 45, plus any suspension. We expect longer refund times for more companies, including for requests filed earlier and not yet paid or offset.
What changes
Wider screening. Until now, a refund went to audit before payment only in situations set by law, such as a criminal record or serious findings from earlier audits. ANAF Order 1123/2026 (Official Gazette no. 823 of 28 September 2026) adds 14 risk indicators, checked on every request.
A longer first step. The initial check now takes up to 15 working days for everyone. Until now, it was 5 working days for companies not on ANAF’s risk list.
One match is enough. The company is placed on ANAF’s risk list and refunded only after an audit. Leaving the list takes a new review and committee approval. Every later request is checked again.
Suspensions extend the deadline. If the audit is suspended, for example to check suppliers, the refund deadline is extended by the same period. The Code already provided for this; the order now builds it into the procedure.
An issued decision is not safe until paid. A refund decision issued but not yet paid or offset can be withdrawn if a risk indicator appears, and the request sent to audit. Until now, this was possible only in a few specific situations.
Room for discretion. Seven of the 14 indicators turn on what is “significant”. The order does not define the term.
Who is affected
Every company that requests VAT refunds. Large and medium taxpayers feel it most: until now, a clean record meant refund first, audit later.
The rules apply to requests for August 2026 onwards (Q3 2026 for quarterly filers). They also apply to earlier requests not yet paid or offset, unless already sent to audit.
The indicators most likely to apply to ordinary businesses:
- the amount requested rises significantly compared with earlier requests;
- VAT corrections or adjustments with a significant effect on the amount;
- a VAT return or statement overdue on the day of the request (D394, D390, SAF-T);
- RO e-Factura data that do not match the VAT return;
- a key supplier that is a related company, insolvent, inactive, in VAT arrears or less than six months old;
- a company less than six months old, or shareholders and directors linked to companies on ANAF’s risk list.
Most exposed: exporters and heavy investors, whose amounts are large or volatile; companies that request refunds only every few months; groups where much of the VAT comes from invoices between related companies; and VAT groups that the order does not address.
Interest on delays
We expect these delays to give rise to interest. Sending a request to tax audit is a unilateral decision by ANAF. Under the Tax Procedure Code, interest runs from the day after the legal deadline until payment or offset.
The start date is open to debate: ANAF is likely to count only after day 90, plus any suspension, but an audit triggered by a risk flag alone raises the question whether the 45-day deadline ever moved.
EU case law supports compensating the taxpayer where a refund is delayed and the amount is later confirmed. Each case must be assessed on its facts: the reasons given, any suspensions, and the audit’s outcome. Interest is granted only on request, within five years.
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