Data points
- Services threshold for a large taxpayer, down from EUR 250,000[1]
- EUR 100,000
- Tangible asset threshold for a large taxpayer, per affiliated person[1]
- EUR 350,000
- After the corporate tax return deadline, to file the file electronically[1]
- 30 working days
- To produce a file that was not filed electronically, after an audit request[1]
- 5 working days
- Shares or voting rights that make two parties affiliated[2]
- 25%
- Ceiling on the fine for a large or medium taxpayer with no file[5]
- RON 14,000
- Corporate income tax rate applied to an estimated transfer pricing uplift[5]
- 16%
Romania changed its documentation thresholds for 2026, and most guides still quote the old ones. The test is now per category of transaction, not on the total.
The four facts to know:
- A large taxpayer prepares a transfer pricing file once any one category crosses its line: EUR 100,000 for services, EUR 200,000 for financing, EUR 250,000 for intangibles and royalties, EUR 350,000 for tangible assets, per affiliated person and excluding VAT.
- Small and medium taxpayers face half those figures and prepare the file only when an auditor asks for it.
- A large taxpayer files electronically within 30 working days after the corporate income tax return deadline.
- Failing to produce the file costs RON 12,000 to RON 14,000 for a large or medium taxpayer, and the tax authority then prices the transactions itself.
What transfer pricing documentation does Romania require in 2026?
One file, not a master file and a local file. Group information in the OECD master file format sits inside it as a chapter, so it carries the same thresholds and the same deadline as everything else in the file. The tax authority published the current documentation order[1], which set the per category thresholds and made electronic filing compulsory for large taxpayers.
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| Transaction category | Large taxpayer | Small or medium taxpayer | Source |
|---|---|---|---|
| Services | EUR 100,000 | EUR 50,000 | National Agency for Fiscal Administration, Romania |
| Financing and interest | EUR 200,000 | EUR 100,000 | National Agency for Fiscal Administration, Romania |
| Intangibles and royalties | EUR 250,000 | EUR 150,000 | National Agency for Fiscal Administration, Romania |
| Tangible assets | EUR 350,000 | EUR 200,000 | National Agency for Fiscal Administration, Romania |
Every figure is annual, per affiliated person, and net of VAT, tested category by category at the National Bank of Romania exchange rate for the last day of the fiscal year. A Romanian entity booking in leu converts at that single rate rather than at the rate on each invoice.
Who has to prepare a transfer pricing file in Romania?
Any Romanian entity whose transactions with an affiliated party cross a threshold. Two parties are affiliated when one holds, directly or indirectly, at least 25% of the other's shares or voting rights, or when one effectively controls the other. The Fiscal Code carries both that test and the arm's length principle[2] behind it.
Whether you file annually or only on request turns on one list. The tax authority scores taxpayers on turnover at 50%, declared tax obligations at 30% and personnel expenses at 20%, takes the top 3,000, and publishes the large taxpayer register by 10 December each year. If your Romanian subsidiary is on that list, you file every year. If it is not, you prepare only when an inspection asks.
What changed in Romania's 2026 transfer pricing thresholds?
The old order tested transactions on an aggregate basis. The new one tests each category on its own, and it moved the services line sharply down, from EUR 250,000 to EUR 100,000. An entity that was comfortably outside the old rules on aggregate can sit inside the new ones on services alone.
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| Regime | Financing | Services | Goods | Source |
|---|---|---|---|---|
| Current, large taxpayer, per category | EUR 200,000 | EUR 100,000 | EUR 250,000 intangibles, EUR 350,000 tangibles | National Agency for Fiscal Administration, Romania |
| Previous, aggregate test | EUR 200,000 | EUR 250,000 | EUR 350,000 combined | National Agency for Fiscal Administration, Romania |
The earlier order[3] still governs procedures started before 1 January 2027, so an audit already running may be measured against the old figures. Below either set of thresholds there is no formal duty to hold a file, but the arm's length principle still applies, the authority can still request a file on a risk basis, and it can still adjust profits.
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Does Romania require a master file?
Not as a separate document. Group information in the OECD master file format forms one chapter of the single Romanian file, so it follows the same thresholds and the same deadline rather than a schedule of its own.
That is where a foreign parent's exposure sits. The group information is written by the parent, but the Romanian entity is the taxpayer assessed when it cannot be produced on request. A group that keeps its master file as a parent level asset, updated on the parent's own cycle, needs to make sure the Romanian entity can put its hands on it.
What goes in the Romanian transfer pricing file?
The entity's management structure and business strategy, each category of controlled transaction, the functional analysis of functions, assets and risks, the method chosen and the reason for it, and the benchmarking study supporting the arm's length range. The transaction list goes in with it.
What is the transaction list filed with the file?
A list of transactions per affiliated person, submitted in both PDF and Excel form as part of the file. Romania has no separate standalone transfer pricing return, and this list is not attached to the corporate income tax return. It travels with the file, on the file's own deadline and thresholds.
Does Romania require country-by-country reporting?
Yes, for groups with consolidated revenue of at least EUR 750 million in the preceding fiscal year. The tax authority published the reporting rules[4], and the report goes in on Form 404 within 12 months of the group's reporting fiscal year end.
The notification is earlier and uses a different form. Form 405 is due by the last day of the reporting fiscal year, and no later than the corporate income tax return deadline, from Romanian constituent entities of an in-scope group.
When are Romania's transfer pricing deadlines in 2026?
A large taxpayer prepares the file by the annual corporate income tax return deadline, then files it electronically within 30 working days after that date. A small or medium taxpayer prepares nothing until an inspection asks, and then has 30 to 60 working days, with one extension of up to 30 working days.
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| Obligation | Deadline | Source |
|---|---|---|
| Transfer pricing file, large taxpayer | Prepared by the corporate income tax return deadline, filed electronically within 30 working days after it | National Agency for Fiscal Administration, Romania |
| Transfer pricing file, small or medium taxpayer | On audit request, 30 to 60 working days, with one extension of up to 30 working days | National Agency for Fiscal Administration, Romania |
| Transfer pricing file that was not filed electronically | Produced within 5 working days of an audit request | National Agency for Fiscal Administration, Romania |
| Country by country report, Form 404 | Within 12 months of the reporting fiscal year end | National Agency for Fiscal Administration, Romania |
| Country by country notification, Form 405 | Last day of the reporting fiscal year, and no later than the corporate income tax return deadline | National Agency for Fiscal Administration, Romania |
The five working day rule is the one that catches people. A file that was not filed electronically has to be on the inspector's desk inside a week, which is not enough time to build a benchmarking study from nothing.
What language and currency rules apply to the Romanian file?
Romanian, and a document written in any other language has to come with a Romanian translation. A group master file written in English will need translating when the authority asks for the file, so budget the translation time rather than discovering it during an inspection.
The thresholds are set in euro and tested at the National Bank of Romania exchange rate for the last day of the fiscal year. Transactions booked in leu are converted at that rate, which means a year end rate movement alone can push a category over its line.
What are the penalties for getting Romania transfer pricing wrong?
The fine is the smaller problem. Failing to prepare or present the file costs RON 12,000 to RON 14,000 for a large or medium taxpayer and RON 2,000 to RON 3,500 for others. The real exposure is the adjustment that follows.
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| Taxpayer | Fine for not preparing or not presenting the file | Source |
|---|---|---|
| Large or medium | RON 12,000 to RON 14,000 | Parliament of Romania |
| Small taxpayers and individuals | RON 2,000 to RON 3,500 | Parliament of Romania |
Where the file is missing or inadequate, the tax authority estimates your prices using a market median or other central tendency method, then taxes the uplift at the 16% corporate income tax rate and adds late payment interest and penalties that are not deductible. The OECD transfer pricing country profile for Romania[5], updated in November 2025, records both the estimation method and the rate.
What does Romania expect from a benchmarking study?
Local comparables first. Pan-European sets are accepted but they are scrutinised, so a study built only on a regional set should expect questions about geographic comparability. There is no refresh cycle fixed in law.
In practice a multi-year analysis covers at least three fiscal years. Treat the refresh interval as practice rather than a statutory rule, and update the financial data behind the study every year the file is prepared, which for a large taxpayer means every year.
Can you get an advance pricing agreement in Romania?
Yes, in all three forms: unilateral, bilateral and multilateral. An agreement runs for a term of up to 5 years and can cover past periods as well as future ones, and rollback procedures were introduced in June 2025. The filing fee is not confirmed in the primary sources reviewed here, so treat any figure you are quoted as unverified.
How does Romania differ from the OECD baseline?
Romania is not an OECD member, although accession was in its final stage as of March 2026, and it is an Inclusive Framework member that follows the three tier documentation standard. Four differences matter in practice.
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| Feature | Romania | Source |
|---|---|---|
| Standalone master file | None. Group information is a chapter of the one file | National Agency for Fiscal Administration, Romania |
| Safe harbours | None | OECD |
| Simplified approach to low value-adding services | Not adopted | OECD |
| Electronic filing | Compulsory for large taxpayers | National Agency for Fiscal Administration, Romania |
How we help with Romania transfer pricing
The per category test means the answer changed for 2026 even where nothing in your business did, and a services charge of EUR 100,000 now does what EUR 250,000 used to. We test each category against its own line, build the local comparables Romania prefers, write the file including the group chapter, prepare the transaction list and file it electronically inside the 30 working day window. See how our transfer pricing software works.
Book a demo to get your 2026 related party transactions tested against the new per category thresholds.
Official sources
5 sources
- 1.National Agency for Fiscal Administration, Romania. Order 828/2026 on transfer pricing documentation thresholds, content and electronic filing
- 2.National Agency for Fiscal Administration, Romania. Fiscal Code (Law 227/2015): affiliated parties and the arm's length principle
- 3.National Agency for Fiscal Administration, Romania. Order 442/2016: the previous aggregate documentation thresholds
- 4.National Agency for Fiscal Administration, Romania. Order 3049/2017: country by country report and notification
- 5.OECD. Transfer pricing country profile: Romania (November 2025)
Article by
Logan Jackonis
Head of Services & Operations, Commenda
Logan leads Commenda’s Services and Operations team, helping controllers, heads of tax, and finance leaders navigate international expansion. He built a global expert network across 70 countries and previously worked in management consulting across the Middle East and Southeast Asia.
Disclaimer: Commenda and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
