NNDKP Tax Flash No.4/2025 – Law no. 239 has been published, introducing several amendments in the tax and budgetary field
Law No. 239 was published in the Official Gazette 1160/16.12.2025, introducing several changes in the tax and budgetary field
Amendments to the Tax Procedure Code
- New criteria are introduced regarding the use of modern means of payment, early warning, and elements from the fiscal record based on which the risk class/subclass can be determined.
- Taxpayers that are legal entities may be declared inactive if:
- they do not have a payment account in Romania or an account with the State Treasury. Non-resident taxpayers are not exempted;
- they do not submit the annual financial statements within 5 months after the expiration of the legal deadline for their submission.
- If the taxpayer does not reactivate within 1 year of being declared inactive, it may be dissolved.
- Declaration of inactivity for failure to meet these conditions will take effect from January 1, 2026.
- Additional conditions are established for granting payment deferrals, consisting of the presentation of a surety agreement.
- Ceilings are set for the main and ancillary tax obligations that may be subject to simplified payment deferrals as follows:
- For individuals between RON 500 and 100,000;
- For legal entities between RON 5,000 and 400,000;
- For associations without legal personality between RON 2,000 and 100,000.
- Other changes are also made regarding the categories of persons eligible for rescheduling, certain deadlines for submission/payment in order to maintain/modify the rescheduling/simplified rescheduling etc.
Amendments to Law 70/2015 and GEO 193/2002
- The concept of modern means of payment is introduced.
- Legal entities are required to hold a payment account in Romania or with the State Treasury. Newly established entities must open an account within a maximum of 60 working days of their establishment.
- Legal entities are also required to have at least one payment account for the entire duration of their activity.
- The obligation to accept payments by debit, credit, or prepaid card, through POS terminals and/or other modern payment solutions, including electronic payment applications and other modern payment solutions, regardless of the level of cash collections, is introduced, eliminating the ceiling of RON 50,000/year.
Amendments to the Tax Code
- A special limited deductibility regime is introduced, under which expenses related to intellectual property rights, as well as management and consultancy expenses incurred by taxpayers in dealings with non-resident affiliated entities that are not established/incorporated and do not have their place of effective management in Romania, are deductible up to a threshold of 1% of the total expenses recorded.
- Income from providing accommodation services is included in the category of income from independent activities, as well as income from the short-term rental of more than 7 rooms located in privately owned dwellings, and the rules for determining the tax due are set at 10% of the net income determined by deducting a flat rate of 30% from the gross income.
- Income from short-term rentals of between 1 and 7 rooms (inclusive) is included in the category of income from the transfer of use of assets, for which the rules for determining the tax due are set at 10% of the net income determined by deducting a flat rate of 30% from the gross income.
- The tax rate for gains from the transfer of virtual currency increases to 16% – applicable from January 1, 2026.
- Starting January 1, 2026, the tax rates for gains from securities and derivative financial instruments, realized through intermediaries resident or permanently established in Romania, will change. The related income tax is withheld at source as follows:
- 3% for holdings of more than 365 days;
- 6% for holdings of less than 365 days.
- The ceiling for calculating the health insurance contribution for income from independent activities will be increased to 72 times the gross minimum wage in the country, starting with income earned in 2026.
- A series of changes are introduced regarding the tax and duty on buildings, including:
- It is clarified that buildings in the public or private domain of the state or of administrative-territorial units are subject to building tax, even in the absence of a title deed.
- The reduced rate applicable to residential buildings owned by legal entities is eliminated.
- Certain existing exemptions (e.g., for buildings used by certain educational, sports, or youth institutions) are eliminated, and for other categories—such as cultural foundations or private healthcare facilities—the decision on tax liability remains with local authorities.
- New facilities are introduced, such as a two-year exemption for buildings registered at the owner’s expense.
- The taxable values per square meter for residential buildings owned by individuals are increasing.
- Changes are made to the land tax and fee regime, including for land owned by the state or administrative-territorial units, either publicly or privately, as well as by restricting the list of exemptions, some of which are eliminated and others left to the discretion of local councils, along with the introduction of limited facilities for certain investments.
- Changes are made to the tax regime for means of transport, including changing the calculation method for certain vehicles by introducing the pollution standard criterion, alongside cylinder capacity, as well as a review of tax incentives (smaller reductions for hybrid vehicles, fixed annual tax for electric vehicles, restriction of exemptions).
- The special tax on high-value immovable and movable property is increased to 0.9%.
Other changes
- It is established that the transfer of shares conferring control of a limited liability company is enforceable against the tax authority only if notified within 15 days and the company or transferee provides guarantees for outstanding tax liabilities.
- It is established that the share capital of limited liability companies is determined based on their turnover. For newly established limited liability companies, it is RON 500.
- New restrictions are introduced for companies whose net assets fall below the legal threshold of 50% of the subscribed share capital. In such cases, companies cannot:
- repay shareholder/associate loans or loans granted by affiliated parties;
Companies that record losses and have receivables arising from loans granted by shareholders/associates are required to increase their share capital by converting such receivables if the net asset is not restored to the legal threshold within two years from the end of the financial year in which the losses were recorded.
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- perform dividend distributions.
- Starting January 1, 2026, a logistics tax is introduced, which applies as follows:
- RON 25 for each parcel worth less than EUR 150 imported into the EU and delivered to Romania as part of distance sales.
- Parcels that are not delivered to final recipients in Romania are exempt from the tax.
- The tax is payable by the supplier of the goods (or their representative) and is collected, declared, and paid by postal operators to the tax authorities by the 25th of the month following delivery.
- In the case of returns, the tax is not refunded.
- Failure to comply with these obligations will result in fines ranging from RON 2,000 to 10,000, and failure to pay the tax within 30 days constitutes a criminal offense.
The Romanian version of this newsletter is available here.
