The minimum turnover tax (IMCA) will be reduced from 1% to 0.5% starting in 2026, with the system set to be completely eliminated from the 2027 fiscal year, while a single flat rate of 1% is proposed for the micro-enterprise income tax, according to the draft Emergency Ordinance on certain fiscal measures published on Monday evening by the Ministry of Finance.
The draft also introduces clear rules requiring taxpayers to retain assets and fixed assets for which tax facilities were granted for up to five years. The elimination of the turnover tax system is also proposed for the additional turnover tax (ICAS) from 2027.
"For IMCA, the proposal includes reducing the tax rate from 1% to 0.5% for the 2026 fiscal year (or modified fiscal year starting in 2026); abolishing the system from the 2027 fiscal year (or modified fiscal year starting in 2027); introducing rules requiring taxpayers to retain assets under construction or other relevant assets in cases where their value was reduced in the IMCA calculation according to indicators I and A, for at least half of the economic useful life as defined by applicable accounting standards, but not exceeding five years; applying the same rule to taxpayers liable for ICAS; and implementing other technical adjustments," the explanatory note accompanying the draft states.
Regarding the micro-enterprise income tax, a single 1% tax rate is proposed, effective from 1 January 2026, for tax calculation purposes. Technical adjustments were also made for determining the euro equivalent of the fiscal threshold for micro-enterprise income tax classification and for determining the fiscal limit for micro-enterprise tax inclusion, in line with the rules for calculating the taxable base.
Significant changes are also proposed for personal income tax. The rate applied to gross income representing goods and/or services received by a participant from a legal entity for personal use, as well as amounts paid by a participant to a legal entity for goods or services purchased above market value, will rise from 10% to 16%. The system of withholding tax at source on such income remains în place, Agerpres informs.
"This measure aims to tax these incomes, as well as dividend income, at the same rate and will take effect from 1 January 2026," the explanatory note specifies.
In the field of excise duties, the Ministry of Finance proposes the authorisation of bonded warehouses, registered recipients, and authorised importers, as well as the registration of economic operators wishing to distribute and wholesale alcoholic beverages, processed tobacco, and energy products - petrol, diesel, kerosene, liquefied petroleum gas, fuel oil, and biofuels - under harmonised excise rules. Authorisation will be handled by a committee established within the National Agency for Fiscal Administration (ANAF).
"This legislative initiative aims primarily to improve and clarify current legislation, ensuring a transparent and fair legal framework for all operators in the excise domain, eliminating operators with inadequate fiscal behaviour, and removing unfair competition caused primarily by lower prices due to unpaid obligations to the state budget," the explanatory note adds.
The Ministry states that achieving these objectives requires amendments to the Fiscal Code to introduce "firmer and more concrete measures," based on a detailed analysis of individuals who are shareholders and/or managers of companies seeking authorisation to trade excise goods.
"To prevent and eliminate such practices before authorisation, for foreign nationals, it is necessary to exchange information with EU member states to create an appropriate risk profile and verify the source of funds used for these activities, as acquiring large quantities of energy products requires substantial amounts of money," the document explains.
For Romanian citizens with limited financial means, well-defined solvency criteria must be established and met, and, as with foreign nationals, the source of funds for purchasing excise goods from the EU must be verified.
"A uniform approach is needed for requesting the same types of information from EU member states and assessing solvency based on the same criteria. This draft law also introduces measures to authorise bonded warehouses, registered recipients, and importers centrally through a single committee within ANAF, with representatives from the Anti-Fraud Directorate, Risk Analysis Directorate, Fiscal Information Directorate, Legal Directorate, the National Office for Preventing and Combating Money Laundering, and the Romanian Customs Authority," the source notes.
Authorisation of operators importing energy products takes into account that currently no authorisation is required, as the customs clearance process is conditional on paying excise and VAT, minimising the risk of non-payment. Without authorisation, there is no obligation to report import quantities or customers, preventing authorities from monitoring the transactional flow.
Further conditions include issuing import authorisations for strictly limited quantities for a maximum of 12 months, providing a financial guarantee to ANAF covering potential tax defaults (at least for VAT), submitting monthly reports with supplier, quantity, and client details, updating financial guarantees based on operator reports, and cancelling authorisations if shares are transferred or changes occur without notifying the committee.
Operators acting as warehouse holders can import without an importer licence, but sanctions and licence revocation will apply if energy products are sold to unauthorised companies or non-final consumers/retailers.
"Currently, the Fiscal Code does not require authorisation for exporting excise goods from Romania, and fiscal authorities have no real-time information on exports to non-EU countries or records of companies performing such exports. Authorisation is therefore needed for these operators to allow authorities to verify them," the Finance Ministry explains.
Registration with the Romanian Customs Authority is also proposed to ensure predictability in wholesale energy product trade and create a stricter regulatory framework.
Current law allows for unlimited, economically unjustified trading chains, with the sole condition of holding a wholesale trading certificate without storage.
Monitoring and control of authorised warehouses deemed high-risk will be established by joint order of the ANAF President and the Romanian Customs Authority President.
Finally, the property tax is proposed to be repealed from the 2027 fiscal year, following an evaluation of its impact on certain sectors.
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