Romania published Order No. 827/2026 and Order No. 828/2026 on 30 June 2026, revising advance pricing agreement procedures and transfer pricing documentation rules aligned with the 2022 OECD Transfer Pricing Guidelines. Large taxpayers face new thresholds of EUR 100,000 to EUR 350,000 and must submit documentation electronically within 30 working days of filing annual tax returns.

Romania has published Order No. 827/2026 and Order No. 828/2026 in the Official Gazette on 30 June 2026. Order No. 827 revises the procedures and application requirements for issuing and modifying advance pricing agreements (APAs), while Order No. 828 updates the transfer pricing documentation rules to align with the 2022 OECD Transfer Pricing Guidelines.

Order No. 827 (Advance pricing agreements) 

Published in Official Gazette No. 543 of 2 July 2026, the Order revises procedures for issuing and modifying advance pricing agreements (APAs), along with the requirements for APA applications and amendment requests. It replaces Order No. 3735/2015 following the amendments introduced by Government Ordinance No. 11/2025 to the Fiscal Procedure Code governing APAs.

Romania’s updated APA framework, introduced via Government Decree No. 11/2025, allows taxpayers to extend APA coverage retroactively up to five years, provided transactions remain substantially comparable across functional analysis, pricing mechanisms, and party involvement.

Taxpayers subject to a finalised corporate income tax audit during an overlapping period are excluded. Documentation requirements have expanded significantly, covering group structure, functional analysis, comparability studies, and transfer pricing methods — with prior-period APAs requiring separate filings for each historical year.

Procedural reforms include structured preliminary discussions, a 60-working-day response deadline for ANAF, and mandatory electronic filing through SPV. Failure to submit annual reports triggers automatic agreement cancellation.

Order No. 827 entered into force on 2 July 2026, the date of its publication.

As previously reported, Romania’s National Agency of Fiscal Administration (ANAF) proposed a draft Order to replace the long-standing APA procedures set out in Order No. 3735/2015. The proposed changes reflect evolving international standards and Romania’s ongoing efforts to align its transfer pricing framework with OECD standards as it pursues OECD membership.

Order No. 828 (transfer pricing documentation rules)

Published in Official Gazette No. 543 of 2 July 2026, the Order replaces Order No. 442/2016 and aligns transfer pricing documentation rules with the 2022 OECD Transfer Pricing Guidelines.

New documentation thresholds

The order introduces new transfer pricing documentation thresholds based on taxpayer size and transaction type. For large taxpayers, the thresholds are EUR 100,000 for services, EUR 200,000 for financial transactions, EUR 250,000 for intangibles, and EUR 350,000 for tangible assets. For small and medium taxpayers, the thresholds are EUR 50,000, EUR 100,000, EUR 150,000, and EUR 200,000, respectively.

Filing and submission requirements

Large taxpayers must prepare and submit the file electronically via Virtual Private Space (SPV) within 30 working days from the annual tax return deadline. If not submitted on time, the tax authority can request it during an audit with a five-working-day deadline. Small and medium taxpayers submit upon request during tax audit within 30 to 60 working days, extendable once by up to 30 working days.

Documentation below the thresholds

Not required unless the tax authority requests it following a tax risk analysis. When requested, taxpayers have a minimum of 30 working days to comply, extendable once by up to 30 working days.

Documentation exemptions

Exempt for transactions covered by an Advance Pricing Agreement (APA) or where an adjustment/estimation decision has been issued for a Romanian affiliated party and implemented.

Stricter comparability and enforcement rules

Geographic search hierarchy for comparables:

• For Romanian residents: Romania first, then EU/UK, EMEA, then global
• For non-residents: residence jurisdiction first, then broader region, then global

Multi-year data must cover a minimum of 3 fiscal years, with justification for a multi-year versus annual approach.

Incomplete documentation (missing transactions, contracts, functional analyses, method justifications, or comparability data) entitles the tax authority to estimate transfer prices using the median of the interquartile range or the arithmetic mean of comparable companies.

Enhanced documentation requirements

• Functional analyses must include functions performed, risks assumed, and assets used, with explicit justification of the taxpayer’s functional profile.
• The tested party and transfer pricing method selection must be motivated. If the tested party is not the filing taxpayer, profitability documentation may be certified by an independent auditor.
• Pass-through costs must explicitly show amounts and nature without added profit margin.
• Business restructurings must be described in line with Chapter IX of the OECD Guidelines.

The new rules apply to administrative procedures initiated from 1 January 2027. The updated thresholds for large taxpayers also apply to related-party transactions conducted from 1 January 2026.

Earlier, Romania’s Ministry of Finance and the National Agency for Fiscal Administration (ANAF) announced on 30 June 2026 the introduction of revised transfer pricing regulations aimed at providing greater clarity and consistency in the treatment of intra-group transactions by multinational enterprises.