Romania: legislative developments with immediate business relevance

The new rules that implement EU DAC9 Directive, introducing a system for the automatic exchange of tax information for multinational companies, are finally into force, after the Government adopted and published them in the Official Gazette on Friday. Shortly after, the ordinance reached the Parliament, where the debates shall coon commence. We remind you that the new rules set out how “additional tax” declarations must be reported, including the standardized form, submission process, and key deadlines starting with the first fiscal year after 31 December 2023. It also introduces electronic verification of taxpayer identification numbers (NIFs), rules for correcting reports in coordination with other authorities, and procedures for using and retaining the exchanged data for 5 to 10 years depending on type. New penalties for non-compliance are included, and detailed reporting norms and the standard form will be published as Annex 7 of the Fiscal Code and approved by ANAF within 60 days of the ordinance coming into force.

Even though the provisions are already applying (since Friday, January 30), the draft bill approving the Ordinance, which was registered in the Senate for debate on Friday could easily undergo changes during the debates in the reporting committees. Therefore, we advise the interested companies to further monitor the debates in the Parliament.

Multinationals operating in Romania will face new compliance obligations, including timely reporting, recordkeeping, and validation of taxpayer identifiers. Administrative burdens will increase, but the framework brings greater legal clarity and standardization for cross-border tax reporting.

We advise companies to monitor the legislative process of the draft bill approving the ordinance and any subsequent amendments, and adjust their reporting procedures to comply with DAC9 requirements, and adopt the standard reporting forms.

Last Friday, the Government adopted a new emergency ordinance that introduces significant changes to the Fiscal Procedure Code. The provisions are into force since January 30. The ordinance removes the 1% cap on affiliate-related expenses for companies with revenues below €50 million, aligning internal rules with OECD standards. It suspends penalties for existing offices that have not submitted registration declarations until 30 June 2026 and introduces automatic notification and deregistration for multiple tax codes. Secondary office registration is simplified by requiring only one secondary office responsible for payroll per administrative unit. ANAF will issue an implementation procedure within 30 days. Transition rules are also introduced for profit tax starting in Q1 2026, and the RO e-Factura system has extended deadlines: individuals identified via CNP are not required to use the system until 1 June 2026, with options for temporary deregistration and early registration for new users.

The ordinance has already reached the Parliament, the draft bill for its approval being registered in the Senate for the start of the debates. We advise interested companies to closely monitor the legislative process in case the reporting committees amend the ordinance.

Companies will benefit from simplified registration and reporting processes, especially those with multiple offices or cross-border affiliates. The removal of the affiliate expense cap reduces compliance complexity for smaller companies, while the suspension of penalties provides temporary relief for offices that have not completed registration. Companies using RO e-Factura will have more time to adapt and test the system, reducing the risk of errors or fines. Transition rules for profit tax give companies clarity on fiscal results, making the overall business environment more predictable and less bureaucratic.

Businesses in Romania should review their current tax registrations, office structures, and RO e-Factura usage to ensure they comply with the new rules and benefit from the transitional provisions. They should update internal procedures, reporting processes, and staff responsibilities, and monitor ANAF and local authorities for implementing instructions. Preparing systems and staff ahead of the key deadlines (particularly 1 June 2026 for RO e-Factura and June 2026 for suspended penalties) will ensure smooth compliance.

Romanian authorities are preparing to transpose Directive (EU) 2024/1799 through a draft bill issued by the Consumer Protection Authority (ANPC). The new framework establishes a legal obligation for manufacturers to repair certain categories of products at the consumer’s request, outside the seller’s contractual liability, unless repair is impossible. The bill sets minimum conditions for repairs (free or reasonably priced, within a reasonable timeframe, and with possible temporary replacement or refurbished goods). It also bans contractual clauses and technical barriers that hinder repair, except where objectively justified (e.g., IP protection). Manufacturers must provide access to spare parts, tools, and repair information at reasonable prices, including for independent repairers. A standardized European repair information form is also introduced, along with a national framework for using the EU online repair platform. Additionally, the new provisions amend existing consumer sales rules by extending liability periods, adding durability and repairability as conformity criteria, and expanding consumer rights to choose repair or replacement.

Until February 6, interested parties can submit their observations on this new framework to ANPC. If no official public debate is organized to discuss these provisions, the Government will adopt the bill and send it to Parliament for approval. However, heightened attention is necessary, as the project may undergo changes from its initial version, including during the internal government procedure.

Manufacturers will be legally required to organize and support repair services for covered products, including ensuring spare parts availability and transparent pricing. Sellers must inform consumers about their right to choose between repair and replacement and may face extended liability periods when repair is chosen. Repairers may need to comply with standardized information requirements and could register on the EU repair platform. Companies face higher compliance risks due to increased oversight and significant fines for non-compliance. Contract terms, product design, and after-sales processes may need adjustment to avoid unlawful repair restrictions.

If the provisions are adopted by both Government and Parliament, companies will have to identify affected products, update after-sales and warranty processes, revise contracts, and ensure access to spare parts and repair information. Sellers should update consumer communications and staff training, while all businesses should prepare for compliance ahead of the 31 July 2026 entry into force. Until then, businesses shall closely monitor the legislative progress of this bill.

In decisional transparency since May 2025, a bill which transposes Directive (EU) 2023/2225 on consumer credit contracts, was updated and republished as an emergency ordinance by the Ministry of Economy. The proposed legal framework introduces rules to make lending more transparent and responsible, requiring lenders to provide clear pre-contractual information, properly assess consumers’ ability to repay, and prevent misleading or aggressive advertising. Consumers gain new rights, including withdrawal, early repayment, and access to information about contract changes. The ordinance also sets limits on fees for credit analysis and administration, requires lenders to provide information about debt counselling services, ensures cross-border access to credit bureau data, and establishes sanctions for non-compliance. The ordinance repeals OUG 50/2010, while contracts under the old law continue until completion.

Given that the draft normative act’s type has been changed to an emergency ordinance, its urgency is greater than before. Once adopted by the Executive, it goes directly to the Official Gazette and enters into force immediately. Therefore, careful monitoring of its legislative progress and any potential changes has become even more critical.

Lenders and banks will be required to provide clear and complete pre-contractual information, properly assess borrowers’ repayment capacity, and respect new consumer rights such as withdrawal, early repayment, and access to contract modification details. Both citizens and companies that have ongoing credit contracts must understand the terms of their loans under the new rules, including fee caps and repayment rights, and may benefit from stronger protections against aggressive or misleading practices.

Banks and other lenders will need to update their processes, marketing materials, credit assessments, and staff training to comply with the new consumer credit rules. Companies with ongoing credit contracts should review their agreements, understand their rights to early repayment, withdrawal, or contract modification, and communicate with their lenders to ensure terms and fees comply with the new law.