Business #23 Legislative focus

ANAF has published two orders (No. 827/2026 and  No. 828/2026) in the Official Gazette introducing significant changes to the rules on transfer pricing and Advance Pricing Agreements (APAs) for companies carrying out transactions with affiliated entities. The new framework allows APAs to cover, in certain cases, up to five previous tax years, while also introducing stricter documentation and annual reporting requirements. At the same time, the new transfer pricing rules require more detailed documentation, set new value thresholds depending on the type of transaction, and introduce mandatory electronic filing of the transfer pricing file for large taxpayers.

Companies engaged in intra-group transactions will face more extensive transfer pricing documentation, new reporting obligations and stricter compliance requirements. Large taxpayers will also be required to submit their transfer pricing file electronically, while failure to comply with the new rules may result in tax adjustments or the cancellation of an APA.

The third ANAF Order published this week in the Official Gazette amends the procedure for redirecting corporate income tax to sponsorships and charitable donations. The changes apply to companies submitting Form 177 and introduce stricter verification rules before a request is approved. Under the new procedure, ANAF will notify taxpayers if they exceed the amount available for redirection or name an ineligible beneficiary, while requests will be rejected if the company’s annual corporate income tax has not been fully paid when the verification takes place.

Companies using the corporate tax redirection mechanism will need to verify available amounts, beneficiary eligibility and the full payment of corporate income tax before filing Form 177. Failure to meet these conditions may result in the request being rejected.

The Ministry of Economy is proposing new rules to implement the EU regulation on managing disruptions to the internal market during crises. The proposed ordinance creates a national framework for monitoring critical supply chains and coordinating responses during emergencies. Companies operating in strategic sectors may be included in confidential inventories of critical suppliers and could receive requests to provide information or participate in coordinated procurement and supply measures. The rules would not apply to medicines, medical devices, semiconductors, energy products or financial services.

Companies operating in critical supply chains may face new information requests and coordination measures during crisis situations. Businesses in strategic sectors should expect greater oversight and may need to support national and EU efforts to maintain the supply of critical goods and services.

Public authorities could be required to verify company information directly through the Romanian Trade Register instead of asking businesses to provide official extracts or certificates. The proposal initiated by MP Vasile-Ciprian Rus (USR) would make the life of companies easier, as they won’t have to provide documents when the information is already available electronically. Authorities would only be allowed to request these documents in limited cases, such as technical issues or where another law expressly requires them.

Businesses could face fewer administrative formalities and no longer need to obtain Trade Register documents for most dealings with public authorities. The proposal would reduce paperwork, administrative costs and processing times for companies.