Synthesis of Law No. 239/2025 (published in the Official Gazette No. 1160/15.12.2025) by which Fiscal Measures Package 2 was adopted
Important changes with a direct impact on corporate income tax, individual income, investments, social contributions, local taxes, and the taxation of high-value assets
New limits, additional conditions, increased rates, and enhanced tax control.
Corporate Income Tax – Fiscal Code:
- Corporate Income Tax – Special regime for taxpayers that record expenses with affiliated entities that are not established/incorporated and do not have their place of effective management in Romania:
Taxpayers, other than those provided for under Art. 15 of the Fiscal Code (associations, NGOs, religious denominations, etc.) and other than those that recorded, in the previous year, a turnover exceeding EUR 50,000,000 (which apply IMCA), who record expenses related to intellectual property rights, management expenses, consultancy expenses, in relation to affiliated entities that are not established/incorporated and do not have their place of effective management in Romania, as presented in the profit and loss account / statement of revenues and expenses / informative data from the official accounting reports prepared for the 2024 financial year / a financial year different from the calendar year that begins in 2024, the share of which in the total expenses recorded in the same reports exceeds 1%, shall consider deductible the expenses related to intellectual property rights, management and consultancy expenses, in relation to affiliated entities that are not established/incorporated and do not have their place of effective management in Romania, recorded in the tax year of calculation, within the limit of 1% of the total recorded expenses in accordance with the accounting regulations applicable in the tax year of calculation.
Does not fall under the scope of the above provisions:
- expenses representing intellectual property rights, management, consultancy, arising from transactions with affiliated entities that are not established/incorporated and do not have their place of effective management in Romania, carried out for the purpose of obtaining trademarks, industrial designs and models, copyrights and similar rights, registered in Romania.
- the expenses provided under point 1.1 which are capitalized in the value of tangible and intangible fixed assets, in accordance with the applicable accounting regulations.
- taxpayers who hold an advance pricing agreement or, starting with fiscal year 2027/the modified fiscal year beginning in 2027, request the National Agency for Fiscal Administration to issue an advance pricing agreement covering transactions carried out with non-resident affiliated parties that generate the recording of expenses reported in tax returns, with a validity period starting in that year. In the event that the advance pricing agreement is rejected for the respective amounts, corporate income tax shall be recalculated and, where applicable, ancillary tax receivables shall be charged.
- credit institutions – Romanian legal entities, as well as branches in Romania of credit institutions – foreign legal entities
Starting with fiscal year 2027 / the amended fiscal year beginning in 2027, the 1% threshold referred to above, as well as the expenses incurred in relation to affiliated entities that are not established/incorporated and do not have their place of effective management in Romania, which fall under the scope of this article, shall be determined by taxpayers in relation to affiliated persons, based on the expenses reported in the tax return, as established by order of the Minister of Finance, upon the proposal of the National Agency for Fiscal Administration, as recorded in the fiscal year of calculation.
The expenses reported in the tax return, incurred for obtaining trademarks, industrial designs and models, copyrights and similar rights, registered in Romania, do not fall under the scope of these provisions.
Effective date of the measure: January 1, 2026, and for taxpayers with a modified fiscal year, these provisions apply starting with the modified fiscal year that begins in 2026.
- Provisions regarding the additional tax for legal entities that carry out activities in the oil and natural gas sectors:
Taxpayers who reduced the value of assets under construction/assets according to indicators I and A under art. 46^2 para. (2) of the Fiscal Code, in force until 31 December 2025 / the last day of the amended fiscal year ending in 2026, are required to keep the respective assets in their patrimony for at least a period equal to half of the economic useful life, determined in accordance with the applicable accounting regulations, but not exceeding 5 years. In the event of non-compliance with this condition, the minimum tax on turnover is recalculated for the respective amounts and, where applicable, ancillary tax claims are charged.
Entry into force date: 1 January 2026.
Income tax – Fiscal Code:
- Income from independent activities:
In the category of income from independent activities are also included those obtained by taxpayers who earn income from the provision of accommodation services, as well as income from the short-term rental of more than 7 rooms located in personally owned dwellings.
Income from the provision of accommodation services is considered to be income obtained by economic operators defined according to the specific legislation of the tourism sector — taxpayers under this title — through making available an equipped space for overnight stay for a determined period, measured in days.
The annual net income from the provision of accommodation services is determined by deducting from the gross income the expenses determined by applying the flat-rate percentage of 30% to the gross income. Gross income represents the total amounts in cash and/or the lei equivalent of income in kind collected during the fiscal year.
The annual tax due is calculated by applying the 10% rate to the annual net income.
The annual tax due is determined by the taxpayer by submitting the Single Tax Return regarding income tax and social contributions owed by individuals, by the legal filing deadline.
Entry into force date: starting with income related to the year 2026.
Income from the granting of the use of assets:
Income from the granting of the use of assets from personal property consists of income, in cash and/or in kind, derived from the granting of the use of movable and immovable assets, obtained by the owner, usufructuary, or other legal holder, other than income from independent activities.
Are considered income from the granting of the use of assets also the income obtained by the owner, usufructuary, or other legal holder from short-term rental to the same person (periods of a maximum of 30 days in a calendar year) of a number between 1 and 7 rooms inclusive, located in dwellings owned as personal property, regardless of the number of dwellings in which they are located, during a fiscal year.
Starting with the fiscal year in which the number of rooms rented on a short-term basis, located in dwellings owned as personal property, is more than 7 rooms, the income obtained is considered income from independent activities.
Taxpayers who obtain income from the granting of the use of assets from personal property, other than income from leasing and income from short-term rental by owners of rooms located in dwellings owned as personal property, are required to register the contract concluded between the parties, as well as any subsequent amendments, within no more than 30 days from the date of conclusion/occurrence of such amendment, with the competent tax authority.
The gross income from the granting of the use of assets from personal property, other than income paid by legal entities or other entities required to keep accounting records, from the leasing of agricultural assets, as well as from the short-term rental by owners, usufructuaries, or other legal holders of rooms located in dwellings owned as personal property, represents the total amount of sums in cash and/or the lei equivalent of income in kind established according to the contract concluded between the parties, for each fiscal year, regardless of the moment of collection. The gross income is increased by the value of expenses that, according to legal provisions, fall under the responsibility of the owner, usufructuary, or other legal holder, if they are incurred by the other contracting party.
Taxpayers who obtain income from short-term rental of rooms located in dwellings owned as personal property, between 1 and 7 rooms inclusive, regardless of the number of dwellings in which they are located, other than those who obtain income from independent activities, owe income tax.
The annual net income from the short-term rental of rooms located in dwellings owned as personal property is determined by deducting from the gross income the expenses determined by applying the flat-rate percentage of 30% to the gross income. The gross income represents the total amount of sums in cash and/or the lei equivalent of income in kind collected during the fiscal year.
The annual income tax due is calculated by applying the rate of 10% to the annual net income.
The annual tax due is determined by the taxpayer by submitting the Single Tax Return regarding income tax and social contributions owed by individuals, by the legal filing deadline.
Entry into force date: starting with income related to the year 2026.
- Tax on investment income:
Income in the form of gains from the transfer of securities and from transactions with derivative financial instruments, for transfers/transactions carried out through intermediaries, is taxed by withholding at source, as follows:
a) in the case of securities:
(i) by applying a 3% rate to each gain from the transfer of securities that were acquired and disposed of over a period exceeding 365 days, inclusive, from the date of acquisition;
(ii) by applying a 6% rate to each gain from the transfer of securities that were acquired and disposed of over a period shorter than 365 days from the date of acquisition.
b) in the case of transactions with derivative financial instruments:
(i) by applying a rate of 3% to each gain from carrying out transactions with derivative financial instruments held for a period longer than 365 days inclusive from the date of acquisition;
(ii) by applying a rate of 6% to each gain from carrying out transactions with derivative financial instruments held for a period shorter than 365 days from the date of acquisition.
For the purpose of determining the holding period, it is considered that securities and financial instruments are disposed of/redeemed in the same order in which they were acquired, namely first in – first out, for each symbol.
Date of entry into force: applies to gains from the transfer of securities and from transactions with derivative financial instruments obtained from transfers/transactions carried out starting from January 1, 2026.
- Income tax on income from other sources:
Income from the transfer of virtual currency:
In the case of income from the transfer of virtual currency, the income tax due is calculated by the taxpayer, based on the Single Tax Return regarding income tax and social contributions owed by individuals, by applying a 16% rate (the previous rate was 10%) to the gain from the transfer of virtual currency, determined as the positive difference between the sale price and the acquisition price, including direct costs related to the transaction.
Gains below 200 RON per transaction are not subject to taxation, provided that the total gains in a fiscal year do not exceed 600 RON..
Entry into force date: applies to gains from the transfer of virtual currency obtained starting from 1 January 2026
- Annual tax on income from the transfer of securities:
The annual tax due is determined by taxpayers in the Single Tax Return regarding income tax and social contributions owed by individuals, for income earned in the previous fiscal year, by applying a 16% rate to the taxable annual net gain determined in accordance with the provisions of Art. 119 of the Fiscal Code.
Entry into force date: 1 January 2026.
- Health social insurance contribution (CASS)
Individuals who, in the fiscal year for which the single tax return is filed, earned income from independent activities, from one or more sources, owe the health social insurance contribution on an annual calculation base equal to the amount resulting from aggregating the annual net income earned/gross income or the annual income norm, respectively the adjusted annual income norm, which may not be higher than that corresponding to an annual calculation base equal to the level of 72 gross minimum wages nationwide (the previous threshold was set at 60 gross minimum wages nationwide). care nu poate fi mai mare decat cea corespunzatoare unei baze anuale de calcul egale cu nivelul de 72 de salarii minime brute pe tara (plafonul anterior era stabilit la 60 salarii minime brute pe tara).
Individuals who, during the fiscal year, earn exclusively income from independent activities carried out under sports activity contracts owe the health social insurance contribution (CASS) up to a maximum ceiling of 72 gross minimum wages nationwide.
For income from independent activities earned in fiscal year 2025, the tax obligations regarding the health social insurance contribution are those in force at the date the income is earned.
Entry into force date: starting with income related to the year 2026
Special tax on high-value immovable and movable assets
The special tax on high-value immovable and movable assets is calculated as follows:
a) in the case of properties consisting of residential buildings, by applying a 0.9% rate to the difference between the taxable value of the building communicated by the local tax authority and the threshold of 2,500,000 lei;
b) in the case of properties consisting of motor vehicles, by applying a 0.9% rate to the difference between the acquisition value and the threshold of 375,000 lei.
The previous rate, in both situations, was 0.3%.
Entry into force date: 1 January 2026.