KEY TAX CHANGES ENTERING INTO FORCE IN 2026

GEO no. 89/2025, published in the Official Gazette no. 1203 of December 24, 2025, brings important tax related changes enforceable as of 2026, by adjusting some of the rules introduced by the Fiscal Code and by clarifying their application timetable.

The steps taken point to a transition 2026 fiscal year, where certain tax regimes are reduced or temporarily maintained, to be cut-off starting with 2027. The declared purpose would be a more predictable fiscal framework, to correct unwanted economic effects and a strengthened fiscal discipline in a more restrictive budgetary context.

There follows an overview of the main fiscal changes brought by the GEO no. 89/2025 and partially by the Law no. 239/2025, including exceptions and provisions requiring a case by case analysis.

The minimum tax on the turnover (IMCA)

In the 2026 fiscal year, the minimum tax rate on the turnover (for over EUR 50 million turnovers) is lowered from 1% to 0,5%. The application of this tax regime is explicitly limited until December 31, 2026, and, respectively, the last day of the modified fiscal year closing in 2027 and shall subsequently be removed.

The ordinance lays down additional obligations for taxpayers having deducted from the tax base for calculation of the IMCA the fixed assets under construction / assets. Such assets must remain in the estate of the company for a duration of half their economic life, determined in accordance with the accounting regulations, without exceeding 5 years, failing which pertaining tax and accessories are due retroactively.

Do not fall under these provisions the assets in any of the following situations:

a) are transferred as part of the reorganization operations;

b) are alienated as part of the liquidation / bankruptcy procedure;

c) are destroyed, lost, stolen or defective and are replaced, subject to such cases being properly proven or confirmed by the taxpayer;

d) are removed from the estate subsequently to compliance with a legal requirement.

Under the previous legislation, the IMCA rate was 1%, and there was no obligation to retain the assets deducted from the tax base.

Special tax on the turnover for oil and natural gas sectors (ICAS)

The special tax on the turnover due by companies acting in the oil and gas sectors is extended for the 2026 fiscal year. The tax is maintained until December 31, 2026, and shall be removed starting with the 2027 fiscal year.

By correlation with the IMCA regime are introduced obligations related to keeping in the estate the assets having caused reductions of the taxable base and rules for distribution of surplus debt related costs.

The tax on microenterprise incomes

Starting with January 1, 2026, the tax regime of microenterprises is simplified by introducing a unique 1% flat tax rate on the incomes of the taxpayers falling under the legal ceiling of EUR 100,000 equivalent in LEI.

Compliance with the ceiling is verified based on the cumulated revenues from the beginning of the fiscal year.

Therefore, the GEO no. 89/2025, puts an end to the system of differentiated quotas of 1% and 3% respectively for EUR 60,000 and EUR 100,000 turnovers and repeals the provisions conditioning the tax rate by the existence of other criteria such as the classification of main or secondary activities under certain CAEN codes such as software creation, information technology services or restaurants, mobile food units.

Exceeding the ceiling during the year has the effect of automatically exiting the microenterprise regime and applying the profit tax (16%) starting with the quarter in which the EUR 100,000 ceiling is exceeded, without recalculating the tax due for previous quarters.

Income tax – increasing the rate to 16% for some shareholder benefits

The income tax rate rises from 10% to 16% for revenues provided under art. 114 para. (2) letter h) and i) of the Fiscal Code, namely goods and services granted to shareholders for their personal use and the amounts paid thereto above the market price. This measure applies starting with January 1, 2026, and is aimed at aligning the fiscal treatment of such revenues with the regime applicable to dividends.

Fiscal facilities for the minimum wage employees

The fiscal facility for minimum wage employees is maintained in 2026 and consists of a monthly tax-free amount exempted from the payment of social contributions for employees paid with the minimum gross salary.

The facility amounts to LEI 300/month from January 1st to June 30, 2026, and to LEI 200 / month from July 1st to December 31, 2026.

The facility cannot be accessed unless the basic salary is maintained at the minimum level guaranteed and the ceilings of the gross total income set under the law are respected. Until December 31, 2025, the fiscal facility was applied evenly, in the amount of LEI 300/ month.

Tax on constructions

For the fiscal year 2026, the construction tax applicable to Romanian or foreign legal entities with permanent headquarters in Romania, as well as to entities that own constructions, remains applicable in the form and at the current level of 0.5% applicable to the value of the existing constructions in the taxpayers' estate on December 31 of the previous year. However, GEO no. 89/2025 repealed Title X of the Fiscal Code regulating this tax, with application starting with the 2027 fiscal year.

Excises – reformation of the authorisation and control regime

Excises regime is broadly restructured under the GEO no. 89/2025 starting with March 1, 2026. The authorisation of tax warehouses, registered recipients and consignors and authorised importers, as well as of economic operators holding certificates for the wholesale distribution and marketing of alcoholic beverages, processed tobacco and energy products - benzines, diesel, kerosene, liquefied petroleum gas and biofuels, is carried out exclusively by a Central Commission established at the level of ANAF.

Economic operators with high tax risk have the obligation to provide a guarantee of 120% of the equivalent value of the excise duties related to the shipped products, as well as some more other additional obligations for reporting, updating and releasing the guarantee.

In the event that the warehousekeeper with high tax risk with tax obligations to ANAF is more than 5 days behind the legal payment deadline, the legal guarantee to be provided also extends to them.

Previously authorized operators are required to request reauthorization or reregistration between March 1 and May 31, 2026.

RO e-Factura – what’s new from 2026

Starting with January 1, 2026, the reporting obligation in the RO e-Factura system extends to invoices issued to non-resident taxable persons, registered for VAT purposes in Romania, for operations with the place of delivery/service in Romania, regardless of whether or not the beneficiary has a permanent establishment on the national territory.

Also from January 1, 2026, the deadline for sending invoices in the RO e-Factura system changes from 5 calendar days to 5 working days from the date of issuing the invoice.

The new deadline applies evenly to both B2B and B2C, with the exceptions expressly provided for by law. For operations carried out with individuals (B2C), the GEO no. 89/2025 introduces specific reporting rules, enforceable starting with January 15, 2026, including with regard to the correlation of the data transmitted in RO e-Factura with VAT declaration obligations.

Failure to comply with the deadlines and submission obligations in the RO e-Invoice system, as amended by the GEO no. 89/2025, constitutes a contravention and is sanctioned according to the general regime provided for by the Fiscal Procedure Code, with fines differentiated according to the taxpayer category.

RO e-TVA – suspension of the compliance notification

The obligation of taxpayers to respond to the "RO e-TVA Compliance Notification" is repealed.

For taxpayers applying the VAT system upon collection, the transmission of the notification is suspended until September 30, 2026.

Minimum wage remains unchanged

Between January 1, 2026 - June 30, 2026, the minimum wage remains of 4,050 lei per month.

A complete framework for registered exporters of energetic products

Any natural or legal person intending to export excisable energy products is required to register in advance as registered exporter with the competent customs authority. Export activity may be carried out exclusively based on a valid certificate, authorized warehousekeepers being expressly excluded from this regime.

The territorial customs authority issues the registered exporter certificate within 60 days of the submission of complete documentation.

The certificate enters into force on the 1st of the month following its issuance, it is valid for 12 consecutive months, and it is not subject to the tacit approval procedure.

The authorization is conditioned, among others, by:

• lack of outstanding tax obligations;
• lack of convictions for relevant tax offenses;
• fulfillment of the integrity criteria applicable to directors and shareholders.

Registered exporters are required to submit periodic reports to the competent authority, by the 15th of the month following the reporting period, under the conditions established by methodological norms.

Changes in the declared data require updating the certificate, upon request or ex officio.

The GEO no. 89/2025 expressly regulates cases of revocation of the certificate. Revocation takes effect immediately, and the appeal does not suspend the effects of the decision, which increases the operational risk for exporters.

Other important tax changes

Increase in dividend tax to 16%

For the record, under the tax package adopted in 2025 (Law no. 141/2025), dividends distributed starting with January 1, 2026, are subject to a 16% tax rate, regardless of the year in which the profit was made.

Tax on income from the transfer of digital assets

The tax rates for income from the transfer of cryptocurrencies and other currency tools are increased to 16%.

The provisions according to which earnings below 200 lei/transaction are not subject to taxation remain applicable, provided that the total earnings in a fiscal year do not exceed 600 lei.

Increase in the tax rate for high-value assets

Also according to Law no. 239/2025, starting with January 1, 2026, the tax rates for residential buildings and high-value cars will also increase:

• from 0.3% to 0.9% for residential buildings with a value greater than 2,500,000 lei;
• from 0.3% to 0.9% for cars with a value greater than 375,000 lei.

Reductions in the tax exemption regime for agricultural buildings

From January 1, 2026, buildings used as greenhouses, solariums, nurseries, mushroom farms, feed silos, silos and/or barns for storing and preserving cereals, excepting premises used for other economic activities, are no longer fully exempt from building tax, but a fixed 50% tax reduction is established for these buildings, in compliance with the legislation on state aid, according to Law no. 239/2025.