On 5 February 2026, a draft legislative proposal was published.
Among the most relevant proposed measures, we would like to highlight the following:
Microenterprise Income Tax
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It is proposed to set the revenue threshold for qualifying as a microenterprise at EUR 100,000 (this threshold being assessed by reference to turnover as defined under accounting regulations). For the purpose of determining whether a company remains within or exits the microenterprise regime, turnover will also include revenues from the transfer of fixed assets/land recorded cumulatively since the beginning of the fiscal year, only where the microenterprise transfers more than one asset from any subgroup;
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The possibility is introduced to re-enter the microenterprise income tax regime, subject to meeting the relevant conditions, even if the company has previously been classified as a microenterprise;
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For newly established microenterprises, the requirement regarding the existence of at least one employee is proposed to be met within 90 days from the registration date (instead of 30 days under the current rules). In addition, the employee requirement will also be deemed fulfilled where the employee is on temporary work incapacity leave, provided that the cumulative duration of such leave does not exceed 30 days during the entire fiscal year.
Corporate Income Tax
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The introduction of a new mechanism for granting incentives for research and development expenses, in the form of a tax credit amounting to 10% of eligible expenses – a mechanism aligned with Law no. 431/2023 on ensuring a global minimum level of taxation for multinational enterprise groups and large national groups;
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The introduction of the super-accelerated depreciation method (65% of the tax value in the first year of use) for investments in new assets, acquired/produced and put into operation, belonging to subgroups 2.1. Technological equipment, machinery, tools and working installations and 2.4. Animals and plantations, during the period 1 January – 31 December 2026 (or the amended fiscal year starting in 2026);
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For taxpayers applying the reinvested profit incentive, by way of exception from the general rule, the possibility is introduced to apply the accelerated depreciation method only to the extent that the tax exemption applies in 2026 (or the amended fiscal year starting in 2026) for assets in subgroup 2.1. Technological equipment, machinery, tools and working installations, as well as computers and related peripheral equipment;
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It is proposed to update the minimum entry value of fixed assets for tangible assets (used for tax depreciation purposes) from RON 2,500 to RON 5,000;
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The introduction of a new tax incentive for taxpayers in the process of admission to / maintenance of trading of shares on a regulated market, consisting of an additional deduction of 50% of the expenses incurred for this process when calculating the taxable result;
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For taxpayers recording tax reserves resulting from the application of the reinvested profit incentive starting with fiscal year 2026, new provisions are introduced regarding their taxation where such reserves are used for share capital increases, distribution, or loss coverage, either before or after the expiration of the 5-year period;
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The permanent maintenance of the standard filing deadline for the annual corporate income tax return as 25 June (inclusive) of the following year (including for non-profit organizations, religious denominations, and taxpayers earning the majority of their income from cereal crops, industrial plants and potatoes, fruit growing and viticulture – for which the filing deadline is currently 25 February of the following year).
Tax Bonus for Annual Corporate Income Tax / Microenterprise Income Tax
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It is proposed to grant a tax bonus to taxpayers paying corporate income tax (regardless of the declaration and payment system) or microenterprise income tax, amounting to 3% of the tax due for fiscal year 2025 (or the amended fiscal year starting in 2025);
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The central tax authority will verify ex officio the fulfillment of the conditions for granting the bonus by issuing a decision (after the deadline for filing the annual corporate income tax return / the return for Q4 microenterprise income tax);
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The bonus is granted subject to the taxpayer meeting the following conditions:
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all tax returns are filed in accordance with the tax vector;
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annual corporate income tax / microenterprise income tax liabilities are fully settled and paid on time;
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no other outstanding fiscal/budgetary obligations exist as of the legal filing deadline for the 2025 annual corporate income tax return or the Q4 2025 microenterprise income tax return.
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Personal Income Tax Bonus
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It is proposed to grant a tax bonus to individuals, amounting to 3% of the personal income tax due for income earned in 2025, for which there is an obligation to file the Single Tax Return (Form 212), provided that the following cumulative conditions are met:
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personal income tax, social security contributions and health insurance contributions due for income earned in 2025 (including health insurance contributions due under Article 180(2) of the Fiscal Code) are fully settled by payment and/or offsetting by 15 April 2026 (inclusive);
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the Single Tax Return is filed by 15 April 2026 (inclusive).
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The bonus will be calculated by the taxpayer and shown separately in the Single Tax Return, subject to subsequent verification. The personal income tax payable will be reduced by the value of the bonus.
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If taxpayers have already filed the Single Tax Return for income earned in 2025 without applying the bonus, they may benefit from it by submitting a corrective return by 15 April 2026 (inclusive), provided all statutory conditions are met.
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Payments made for personal income tax related to 2025, both before the entry into force of the proposed law and afterwards (but no later than 15 April 2026), are taken into account when granting the bonus, provided all conditions are met. Any overpaid amounts will be refunded or offset in accordance with the Fiscal Procedure Code.
Value Added Tax (VAT)
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The threshold applicable to the VAT cash accounting system is amended, increasing from the current RON 4,500,000 to:
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RON 5,000,000 for the period 1 March – 31 December 2026;
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RON 5,500,000 starting 1 January 2027.
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Amendments to Company Law no. 31/1990
The draft law also introduces amendments to Company Law no. 31/1990, summarized as follows:
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Additional restrictions are introduced regarding dividend distributions and financial relations with shareholders or affiliated persons, aimed at protecting company capital. Companies distributing interim dividends may not grant loans to shareholders or other affiliated persons until such dividends are regularized, and loan repayments are prohibited when net assets fall below half of the subscribed share capital. Non-compliance triggers joint liability for budgetary obligations and significant administrative penalties;
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Stricter conditions are established for dividend distributions in the presence of carried-forward losses or net assets reduced below half of the subscribed share capital, requiring loss coverage and capital restoration prior to any distribution. Companies whose interim financial statements show net assets below this threshold may not distribute interim dividends from current-year profits unless net assets are restored to the legally required level;
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The sanctioning regime regarding the obligation to restore net assets and, where applicable, convert shareholder loans into share capital is strengthened, including for limited liability companies. Clear deadlines, substantial fines and control powers for the National Agency for Fiscal Administration (ANAF) are introduced, applicable starting in 2027, along with a series of exceptions for professional investors, investment funds, public or EU financing, and certain investments in small and medium-sized enterprises.
Personal Income Tax and Social Contributions
Income from Independent Activities
For income from independent activities determined under the real system based on accounting records, it is proposed to include the following in the category of expenses with limited deductibility:
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Contributions to occupational pension funds under Law no. 1/2020, contributions to occupational pension schemes classified as such by the Financial Supervisory Authority (ASF), paid (in addition to entities already authorized under the Fiscal Code) to entities authorized in a state adhering to the OECD liberalization codes, as well as contributions to Pan-European Personal Pension Products (PEPPs) related to accounts or sub-accounts in Romania, under the same conditions and subject to the same annual cumulative limit already applicable to voluntary pension funds/schemes;
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Amounts paid for the taxpayer’s personal purposes for the acquisition of shares, bonds and/or participation units issued by exchange-traded collective investment undertakings (ETFs), as defined by applicable legislation, through entities provided for in Article 96¹(1) of the Fiscal Code, regardless of whether the activity is carried out individually or in association, within the annual limit of EUR 400 (RON equivalent) per person, excluding transaction costs.
Income from Salaries
For salary income, it is proposed to include among non-taxable income (within the monthly cap of 33% of the base salary, for both income tax and social contributions purposes) the following:
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Contributions to occupational pension funds under Law no. 1/2020 and contributions to occupational pension schemes classified by the ASF, administered (in addition to entities already authorized under the Fiscal Code) by entities authorized in a state adhering to the OECD liberalization codes, under the same conditions and subject to the same annual cumulative limit applicable to voluntary pension funds/schemes.
Regarding the calculation of salary income tax at the place of the main employment, it is proposed to allow deductions for:
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Contributions to occupational pension funds and occupational pension schemes under Law no. 1/2020, administered by entities authorized in OECD-adherent states, as well as contributions to Pan-European Personal Pension Products (PEPPs) related to Romanian accounts or sub-accounts, under the same conditions and subject to the same annual cumulative limit applicable to voluntary pension funds/schemes;
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Amounts borne by employees for the acquisition of shares, bonds and/or participation units in exchange-traded collective investment undertakings (ETFs), as defined by applicable legislation, through entities referred to in Article 96¹(1) of the Fiscal Code, provided that the annual limit of EUR 400 (RON equivalent) is not exceeded, excluding transaction costs.
