A. Increase in dividend tax

As of 1 January 2026, the dividend withholding tax rate increases from 10% to 16% for dividends distributed during 2026.

B. Minimum turnover tax (IMCA)

For companies with annual turnover exceeding RON 50 million, the IMCA rate has been reduced from 1% to 0.5%. Starting with 2027, the minimum turnover tax will be fully eliminated.

II. Amendments to the Fiscal Procedure Code: New rules on payment rescheduling

For outstanding tax liabilities exceeding RON 400,000, taxpayers requesting rescheduling are now required to provide a suretyship agreement. Under this mechanism, shareholders or associates undertake personal liability with their own assets in the event of non-payment of the rescheduled amounts.
 
III. Amendments to Company Law No. 31/1990: Restrictions on dividend distribution and shareholder loans

New limitations have been introduced regarding the distribution of dividends and the granting of loans to shareholders or affiliated persons. Non-compliance with these rules constitutes a contravention and is sanctioned with fines ranging from RON 10,000 to RON 200,000.
 
IV. Key provisions introduced by Emergency Ordinance No. 89/2025

A. e-Invoice submission deadline
 Starting 1 January 2026, invoices must be transmitted through the RO e-Factura system within 5 business days, replacing the former 5 calendar-day deadline.

B. e-VAT system
 The obligation for taxpayers to respond to e-VAT compliance notifications issued by the tax authorities for VAT discrepancies has been eliminated.

C. Taxation of personal expenses incurred through the company
 Goods and services acquired through the company for personal use are subject to 16% taxation, equivalent to the dividend tax rate, where their value exceeds market price.

V. Provisions introduced by Law No. 245/2025: Tax registration of secondary offices

As of 1 January 2026, taxpayers are required to obtain a separate tax identification number for secondary offices employing at least one employee. Previously, this obligation applied only where more than five employees were registered at the respective location.
 
VI. Other relevant fiscal developments: Increase in the national minimum gross salary

Effective 1 July 2026, the minimum gross salary increases from RON 4,050 to RON 4,325. This adjustment may have indirect fiscal implications, including the recalculation of thresholds relevant for contributions such as the disability fund.
 
 
Teodora Marinescu
Tax Consultant/ Senior Accountant