SALE OF AGRICULTURAL LAND LOCATED OUTSIDE THE BUILD-UP AREA:
CALCULATION AND PAYMENT METHOD OF THE ADDITIONAL TAX

  SALE OF AGRICULTURAL LAND LOCATED OUTSIDE THE BUILD-UP AREA:
CALCULATION AND PAYMENT METHOD OF THE ADDITIONAL TAX   Long waited to unlock transactions with agricultural land located outside the build-up area, the procedure regulating the calculation and payment method of the 80% additional tax due, under certain conditions, when selling agricultural land located outside the build-up area or the controlling interest of a company holding such land, was approved by Common Order of the Ministry of Agriculture and Public Finance No. 396/2022/883/2023.

We remind that significant changes to the legislation regulating the sale of agricultural land located outside the build-up area were made under the Government Emergency Ordinance No. 104/2022, introducing, among other requirements, the obligation for the seller to pay an 80% additional tax in the following cases: the resale of the land within 8 years of its purchase; the direct or indirect sale of the controlling interest of a company holding one or more land plots located outside the build-up area, if they account for more than 25% of the company’s assets and the sale takes place before expiry of the 8 years following the purchase of one of these lands; the sale of the controlling interest of a legal person that became owner of agricultural land located outside the build-up area following a contribution in kind made by the person who sells the controlling interest if the sale occurs within 8 years since the purchase of the said land. Read the full article    

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