Tax alert – Fiscal measures introduced by the Fiscal Package II
Tax alert – Fiscal measures introduced by the Fiscal Package II
Click here to view online  Tax alert – Fiscal measures introduced by the Fiscal Package II Law no. 239/2025 on the establishment of measures for the recovery and efficiency of public resources and for the modification and completion of certain normative acts was published in the Official Gazette no. 1160 of December 15, 2025. Among the most important changes we mention the following: Procedural measures Financial discipline Transfer of shares Minimum amount of share capital Amendments and supplements to Law 227/2015 on the Fiscal Code Special tax on high-value goods RO e-Property System Granting loans and distributing dividends to shareholders or associates I. Procedural measures The following amendments and supplements are made to Law 207/2015 on the Fiscal Procedure Code: New tax risk criteria have been introduced correlated with the obligation to open a bank account, make POS payments and the degree of solvency of taxpayers, legal entities. New situations regarding the assesment of inactivity of a taxpayer/legal entity: they do not have a payment account in Romania or with the State Treasury; have not submitted the balance sheets within 5 months of maturity. (Read more…) II. Financial discipline The legislation on financial discipline, Law no. 70/2015, which establishes the obligation to carry out collection and payment operations by modern means of payment (e.g. POS, bank account). (Read more…) III. Transfer of shares The assignment of the shares of the shareholder of a limited liability company that controls the company will be enforceable against the central tax body under the following conditions: (Read more…) IV. Minimum amount of share capital The minimum value of the share capital of limited liability companies is established according to the level of net turnover reported by the annual financial statements for the previous financial year, respectively, in the case of companies that have registered a net turnover above RON 400,000, the minimum value of the share capital is RON 5,000. (Read more…) V. Amendments and supplements to Law 227/2015 on the Fiscal Code A. Tax regime applicable to expenses with affiliated entities A new article was introduced, art. 25^1 part of Title II on corporate income tax, regarding the deductibility limited to 1% of the total expenses recorded in the fiscal year of calculation, of the expenses related to intellectual property rights, management expenses, consultancy, in relation to affiliated entities that are not established/constituted and do not have the place of effective management in Romania. These provisions shall not apply to: (Read more…) B. Additional tax for legal entities operating in the oil and gas sectors Starting with January 1, 2026, taxpayers who have decreased the value of fixed assets in progress/assets according to indicators I and A, have the obligation to keep those assets in their patrimony for at least a period equal to half of the duration of economic use, but not more than 5 years. These provisions do not apply to assets that: (Read more…) C. Income tax on standardized income norm obtained by individuals Changes regarding the minimum standardized income norm Law No. 239/2025 establishes that the standardized income norm cannot be less than 12 minimum gross basic salaries, calculated according to their level on January 1 of the year of income achievement. The new provision applies starting with January 1, 2026, for income whose tax due is established based on these rules (for example, for certain PFAs that comply with certain conditions). Changes in income in the form of capital gains from the transfer of securities and derivatives transactions The new rules provide for the increase of tax rates in the case of withholding tax by Romanian tax resident intermediaries for income obtained from capital gains derivatives transactions. Thus, gains obtained from capital gains and financial instruments held for more than 365 days will be taxed at 3%, and those held less than 365 days at 6%. This amendment replaces the previous rates of 1% and 3% and aims at a stricter correlation of the tax with the duration of holding financial assets. (Read more…) Changes to virtual currency transfer revenue Important changes are made in the taxation of income obtained from the transfer of virtual currency. The tax rate for these earnings increases from 10% to 16%, being calculated by the taxpayer through the Annual Tax Return (“Declarație Unică”). The provisions according to which the gain below the level of RON 200/transaction is not taxed on the condition that the total earnings in a fiscal year do not exceed the level of RON 600 remain applicable. This provision enters into force for transactions carried out on or after 1 January 2026. Short-term rental: clarification of the tax regime according to the number of rooms The new provisions establish that the tax treatment applicable to income from short-term rental of rooms in personally-owned homes is determined exclusively by the number of rooms made available, regardless of the form of organization of the taxpayer (individual or PFA), as follows: (Read more…) D. Social contributions due by individuals Obligation to pay the social security contribution (CAS) for income from self-employment Starting with the fiscal year 2026, the income obtained from the provision of accommodation services and from the short-term rental of more than 7 rooms located in personally-owned homes are treated as income from independent activities, thus being subject to the obligation to pay the social security contribution (CAS). (Read more…) Regulations brought on the calculation basis of the social health insurance contribution Law No. 239/2025 brings changes to the calculation basis of the social health insurance contribution (CASS) for individuals who earn income from independent activities, including from the transfer of the use of goods. (Read more…) E. Local taxes Agricultural buildings and annexes Buildings that are used as greenhouses, polytunnels, seedbeds, mushroom-growing areas, fodder silos, and silos and/or barns for storing and preserving cereals, except for spaces that are used for other economic activities, are no longer fully exempt from the building tax, as provided by the Fiscal Code. This law establishes a fixed reduction of 50% of the tax for these buildings, in compliance with the legislation on state aid. Building tax rate This law provides for both individuals and legal entities, a building tax rate for 2026 equal to or higher than the rate applied in 2025, regardless of the purpose of the building, residential or non-residential. Following the publication of Law 239/2025 by which the aforementioned provisions were brought, the state took a step backwards by adopting the Emergency Ordinance no. 78/2025 by which the following were restored: (Read more…) Tax on means of transport Starting with January 1, 2026, the method of calculating the tax on means of transport is modified, namely, it will be calculated according to its cylindrical capacity and the pollution norm. For hybrid means of transport with CO₂ emissions ≤ 50 g/km, the tax can be reduced by up to 30%, based on the decision of the local council. (Read more…) VI. Special tax on high-value goods Starting with January 1, 2026, the tax rates will increase as follows: from 0.3% to 0.9% for residential buildings with a value of more than RON 2,500,000; from 0.3% to 0.9% for cars with a value of more than RON 375,000. VII. RO e-Property System The National Integrated System for the Management of Data and Information on Real Estate in Romania for tax purposes is established, called the RO e-Property System, an information system of national strategic interest. This system aims to automate the collection of data and information about real estate, in order to substantiate public policies for tax purposes. (Read more…) VIII. Granting loans and distributing dividends to shareholders or associates New provisions are introduced at the level of Law 31/1990 on the Companies Law regarding : Companies that distribute dividends quarterly may not grant loans to shareholders or associates, as the case may be, or other affiliated persons, before the adjustment of the differences resulting from the distribution of dividends during the year. Companies which, based on the annual financial statements, have a net asset value reduced to less than half of the value of the subscribed share capital, may not return to shareholders or associates, as the case may be, or to other affiliated persons the loans taken from them. (Read more…) READ MORE |