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Amendments in brief:
Changes to the VAT rate applicable to residential properties – Law no. 161/2026 on certain fiscal and budgetary measures was published in the Official Gazette no. 642 of 4 August 2026.
Temporary reduction of the excise duty on diesel – Law no. 162/2026 on declaring a state of crisis on the crude oil and/or petroleum products market, the temporary reduction of the excise duty on diesel, the introduction of a solidarity contribution, as well as the establishment of measures to protect the economy and the population and ensure the functioning of the market, was published in Official Gazette no. 642 of 4 August 2026.
Update of Form 216 on the special tax on high-value immovable and movable property – Order no. 917/2026 of the President of the National Agency for Fiscal Administration amending Annex no. 1 to Order no. 3,738/2024 of the President of the National Agency for Fiscal Administration approving the template and content of Form 216 was published in the Official Gazette no. 646 dated 5 August 2026.
Changes regarding the VAT exemption for international organizations, diplomatic missions and NATO armed forces – Law no. 170/2026 on certain fiscal and budgetary measures, as well as on the amendment and supplement of certain normative acts, was published in Official Gazette no. 648 of 5 August 2026.
3% tax incentive on corporate income tax and microenterprise income tax – Order no. 987/2026 of the Minister of Finance approving the Procedure for granting a 3% tax incentive on annual corporate income tax and microenterprise income tax for the 2025 tax year / the amended tax year commencing in 2025 was published in the Official Gazette no. 678 dated 17 August 2026.
Other news of interest:
Approval of the Guideline for the payment of state aid aimed at stimulating investments – Order no. 1,112/2026 of the Minister of Finance approving the Guideline for the payment of state aid granted pursuant to Government Decision no. 486/2026 on stimulating investments for the purpose of producing goods with a trade deficit in the manufacturing industry was published in Official Gazette no. 721 of 28 August 2026.
Tax amnesty for VAT liabilities and related ancillary charges – Law no. 177/2026 on the cancellation of certain tax liabilities was published in Official Gazette no. 700 of 24 August 2026.
Amendments regarding registration in the RO e-Factura Register – Order no. 1,020/2026 of the President of the National Agency for Fiscal Administration was published in the Official Gazette no. 706 dated 25 August 2026.
Amendments in detail:
Changes to the VAT rate applicable to residential properties (Law no. 161/2026)
- The law states that, between 7 August 2026 and 30 September 2026, inclusive, an individual may purchase only one property subjected to the reduced VAT rate of 9%, provided that all of the following cumulative conditions are met:
- the usable floor area is no more than 120 sq. m.;
- the value is no more than RON 600,000, exclusive of VAT;
- the supply of the property takes place by 30 September 2026;
- the individual has not made any other acquisition subject to the reduced VAT rate since 1 January 2023;
- by 1 August 2025, the individual had entered into a legal act concerning the payment of an advance for the purchase of such a dwelling.
- With respect to legal acts concerning the payment of an advance concluded between 3-31 July 2025, at the time of the supply of the property, evidence must be provided that an advance of 20%, exclusive of VAT, was paid in full by 31 July 2025, inclusive.
- It is also mentioned that individuals who purchased one or more properties subjected to the 21% VAT rate between 1 August 2026 and 7 August 2026, if they met the conditions for applying the reduced VAT rate, may request a refund of the difference between the 9% and 21% VAT rates, for one property only. The refund may be requested starting with 1 October 2026.
Temporary reduction of the excise duty on diesel (Law no. 162/2026)
- A state of crisis is established on the crude oil and/or petroleum products market, namely the petrol and diesel fuels, until 31 October 2026, with the possibility of extension.
- The commercial mark-up for petrol and diesel is capped at the annual average commercial mark-up applied by each economic operator in 2025, with the possibility of increasing this cap once, in accordance with the inflation rate.
- The excise duty on standard diesel is temporarily reduced, with a gradual reduction ranging between 5% and 25%.
- A solidarity contribution on significant revenues is introduced, payable by:
- economic operators holding petroleum agreements that extract crude oil from deposits located in Romania and derive revenues from the sale thereof;
- economic operators holding petroleum agreements that extract crude oil from deposits located in Romania and that, directly or through affiliated persons, process such crude oil and derive revenues from the sale of energy products.
- The solidarity contribution is due exclusively for the months in which the average monthly price of Brent crude oil exceeds USD 70/barrel and/or the Platts diesel price exceeds USD 630/tone, with progressive rates ranging from 1.5% to 11.9%.
- The contribution is calculated, declared and paid monthly, by the 25th day of the following month, and is deductible for corporate tax purposes in determining the taxable result.
- Economic operators subject to the solidarity contribution are required to maintain separate accounting, tax and operational records.
Update of Form 216 on the special tax on high-value immovable and movable property (Order no. 917/2026)
- Form 216, „Declaration on the special tax on high-value immovable and movable property”, is amended and replaced by a new form.
- The amendment concerns the update of the form and the completion instructions following the increase in the special tax rate from 0.3% to 0.9%.
Changes regarding the VAT exemption for international organizations, diplomatic missions and NATO armed forces (Law no. 170/2026)
- The law provides that the VAT exemption for supplies of goods and supplies of services to international organizations, diplomatic missions, and the armed forces of other Member States/NATO Member States is applicable directly to the relevant invoicing, based on the exemption certificate.
- It is also mentioned that, where suppliers do not receive the VAT exemption certificate as of the date of the supply of goods/services, the following rules apply:
- If the supplier obtains the certificate within the statutory limitation period, the exemption applies as of the date of the taxable event;
- If the supplier does not hold the certificate as of the date of the tax audit, the tax authority requires the supplier to charge VAT as of the date of the taxable event;
- If the tax audit has been completed and the certificate is subsequently obtained (within the statutory limitation period), an adjustment is made in order to apply the exemption, and the tax authority will re-audit the factual situation;
- If the supplier holds the certificate, but the certificate was authenticated after the supply, the exemption applies as of the date of the taxable event.
3% tax incentive on corporate income tax and microenterprise income tax (Order no. 987/2026)
- The procedure applies to taxpayers subject to corporate income tax and microenterprise income tax, who are entitled to a 3% tax incentive on the tax due for the 2025 tax year / the amended tax year commencing in 2025.
- The tax authority will verify ex officio whether the conditions for granting the tax incentive are met, namely whether:
- the taxpayer has filed all tax returns required under its tax vector;
- the taxpayer has fully and timely paid the annual corporate income tax / microenterprise income tax for 2025;
- the taxpayer has no other outstanding tax liabilities or outstanding budgetary receivables individualized in enforceable titles issued by the statutory deadline for filing the relevant tax returns.
- The 3% tax incentive is calculated by applying the 3% rate to:
- the annual corporate income tax, after deducting the amounts redirected;
- the microenterprise income tax due for the full tax year;
- both the microenterprise income tax and corporate income tax, in the case of microenterprises that become subject to corporate income tax during the year;
- the minimum turnover tax.
- The amounts corresponding to the tax incentive will not be refunded but will be offset against other tax liabilities of the taxpayer.
Other news of interest:
Approval of the Guideline for the payment of state aid aimed at stimulating investments (Order no. 1,112/2026)
- The Guideline includes information on the steps to be followed for the payment of state aid, the calculation of state aid in the form of a tax credit, the deadlines for assessing and processing the payment application.
- State aid in the form of a tax credit means a fixed amount that reduces the amount of corporate income tax due for the financial years within a seven-year period, calculated starting with the quarter following the commissioning of the investment financed through state aid.
- The sectors which are eligible for state aid include, among others, the food and beverage industry, textile and clothing industry, wood and furniture industry, chemical and pharmaceutical industry, metallurgy and metal products industry, etc.
Tax amnesty for VAT liabilities and related ancillary charges (Law no. 177/2026)
- It is stated that the VAT liabilities and related ancillary liabilities assessed by a tax assessment decision as a result of the cancellation of the VAT registration are cancelled for the tax periods between 1 January 2019 and 27 August 2026.
- In addition, VAT liabilities and related ancillary liabilities assessed against agricultural cooperatives in respect of VAT deducted on the purchase of agricultural machinery during the period from 9 January 2024 to 27 August 2026 are cancelled. Furthermore, the tax authority may no longer issue tax assessment decisions for this period.
- The cancellation is carried out ex officio by the tax authority and communicated to the taxpayer.
- Amounts already settled are refunded to taxpayers upon their request.
Amendments regarding registration in the RO e-Factura Register (Order no. 1,020/2026)
- It is mentioned that associations and foundations, other non-profit associations, political parties and religious denominations that are not registered for VAT purposes are required to apply for registration in the mandatory RO e-Factura Register before commencing their economic activities.
- The provisions regarding the registration obligation in the Register for individuals identified by their Personal Numerical Code have been removed.
- The obligation for individual farmers who apply the special regime for farmers to register in the Register has been removed. Individuals applying the special scheme who are not required to use the RO e-Factura system and who have been registered in the mandatory RO e-Factura Register may request their removal from the Register by completing and submitting Form 082. The removal will take effect from the first day of the month following the month in which the form is submitted.
How we can help:
The NOA team supports companies by providing consultancy and guidance on various matters related to the new legislative changes mentioned above, as well as in all situations encountered from a tax perspective or in terms of financial audit / internal audit.
The NOA team is at your disposal for further details regarding the topics presented in this material, and we encourage you to get in touch with us via the contact form.
Kind regards,
The NOA Team
