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Impostos a Romania

Tax Rates

Consumption Taxes

Nature of the Tax
Value Added Tax (VAT) - Taxa pe valoarea adaugata (in Romanian)
Tax Rate
19%
Reduced Tax Rate
9% on prostheses of any type and accessories (except dental prostheses); orthopedic products; medicines for human and veterinary use; food (excluding alcohol) having certain classification codes; fertilizers, seeds and other agricultural products intended for the sowing or planting, as well as for supplies of services, such as those specifically used in the agricultural sector; supply of water for agriculture irrigation; irrigation and drinking water supplies.

5% for books, newspapers, magazines and school manuals (except those intended exclusively for publicity); hotel accommodation and similar accommodation, including the rental of land for camping; restaurant and catering services (excluding alcohol, except for draught beer); access to museums, castles, cinemas, zoological and botanical gardens, amusement and recreational parks and sporting events; the right to use sport facilities; the passenger transport by trains or historical vehicles with steam powered on narrow lines for touristic or entertaining purposes; the passenger transport using transport installations on cable; the passenger transport using vehicles with animal traction, used for touristic or entertaining purposes; the passenger transport by boats for touristic or entertainment purposes; delivery of high-quality food, respectively, mountain products, eco, traditional, authorized by the Ministry of Agriculture and Rural Development; supply of social housing.

Intra-community supplies of goods and export of goods, as well as transport services and international transport of passengers are zero-rated.
Exemptions include specific banking and financial operations; insurance and reinsurance; medical services; education; specific hiring, concession leasing or letting of immovable property; sale of "old" buildings; re-imports of Romanian goods repaired abroad; imports of natural gas through specific distribution systems and electricity; etc.

Other Consumption Taxes
Several products are subject to harmonised excise duties, including: alcohol and alcoholic beverages, manufactured tobacco products, energy products (e.g. unleaded gasoline, diesel, gas, coal), and electricity.
Several environmental taxes apply (packaging and packaging waste management; plastic bags; sale of wast; industrial oil; air emission; electric and electronic equipment; batteries and accumulators; etc.).

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Corporate Taxes

Company Tax
16%
Tax Rate For Foreign Companies
Resident companies are taxed on their worldwide income, while non-resident companies are taxed on all income derived from Romanian taxpayers, regardless of whether the services are rendered in Romania or abroad.
Foreign businesses that have a permanent establishment are subject to the same income taxes as a Romanian company. An entity is deemed to be tax resident in Romania if it was set up under Romanian law or has its place of effective management in the country.

Representative offices of foreign businesses are subject to a fixed tax of RON 18,000 for each fiscal year.

Capital Gains Taxation
Capital gains derived by resident and non-resident entities from the sale of shares and real property are included in overall profits and taxed at the ordinary corporate tax rate of 16% (certain capital gains may be exempt). Capital gains from the sale/transfer of shares, as well as income arising from the evaluation or revaluation of shares held in a Romanian or foreign legal entity located in a country that has concluded a tax treaty with Romania, are exempt from tax if the recipient holds at least 10% of the share capital of the entity whose shares are sold/transferred or evaluated/revaluated for an uninterrupted period of at least one year.
Main Allowable Deductions and Tax Credits
Expenses incurred for business purposes are generally deductible. The Romanian Fiscal Code lists the following deductible expenses:

  • expenses incurred for environmental protection and resource conservation
  • R&D expenses that are not recognised as intangible assets for accounting purposes
  • expenses related to benefits granted to employees as equity instruments settled with cash (if the benefits are subject to personal income tax)
  • losses incurred when writing off client receivables (under certain conditions)
  • travel and accommodation expenses related to business; including transportation of personnel to and from the workplace
  • expenses incurred from professional training and development of employees
  • business travel and accommodation expenses
  • marketing and advertising expenses
  • fines, interest, penalties, and other increased payments due under commercial contracts.

Other expenses can be deducted only up to certain specific limits:

  • certain provisions and reserves
  • interest expenses and other borrowing costs
  • protocol expenses (up to 2% of the accounting profit)
  • lunch vouchers and holiday vouchers
  • social expenses (capped at 5% of salary expenses)
  • taxes and fees paid to non-government organisations or professional associations related to the taxpayer’s activity (maximum EUR 4,000/year)
  • certain vehicle expenses
  • certain provisions and reserves (with limits).

Start-up expenses may be capitalised and depreciated over a maximum period of five years, but cannot be depreciated for tax purposes.
Certain R&D expenses give rise to an extra 50% deduction. Furthermore, machinery and equipment used in R&D activities is subject to accelerated depreciation.
Companies can carry forward fiscal losses declared in the annual profit tax returns for a period of a maximum of seven years (no inflation adjustment is allowed). Carryback of losses is not permitted.

Other Corporate Taxes
Other taxes on corporations include:

  • a building tax, which differentiates between residential buildings (tax rate between 0.08% and 0.2%, applicable to the value resulted from the evaluation report for legal entities) and non-residential buildings (between 0.2% and 1.3%; 0.4% if the building is used for agricultural purposes). Legal entities pay an increased rate of 5% (if no revaluation was performed during the last five years)
  • a land tax, established at a fixed amount per square metre, depending on the rank of the area where the land is located and the area or category of land use, in accordance with the classification made by the local council. Similar to the building tax, the land tax is paid annually in two equal instalments, by 31 March and 30 September, with a 10% reduction granted for full advance payment before the 31 March
  • stamp duties apply for judicial claims, issue of licenses and certificates, and documentary transactions that require authentication
  • social security contributions: employers are liable to pay 2.25% for insurance contribution and 4% for social insurance contribution for uncommon work conditions (8% for special work conditions).

For certain activities (e.g. dangerous hazardous substances, activities that generate polluting emissions, etc.), companies have the obligation to declare and to pay (as the case may be) related contributions and taxes to the Environmental Fund. Several environmental taxes apply (packaging and packaging waste management; plastic bags; sale of wast; industrial oil; air emission; electric and electronic equipment; batteries and accumulators; etc.).
Entities in the tourism, hotel, restaurants, bars, and catering sector pay a specific tax, regardless of the size of the turnover and the level of profits. The tax is calculated according to the area of the business, the location and other criteria.

Other Domestic Resources
National Agency for Fiscal Administration
Consult the Doing Business Website, to obtain a summary of the taxes and mandatory contributions.

Country Comparison For Corporate Taxation

  Romania Eastern Europe & Central Asia United States Germany
Number of Payments of Taxes per Year 14.0 13.9 10.6 9.0
Time Taken For Administrative Formalities (Hours) 163.0 226.2 175.0 218.0
Total Share of Taxes (% of Profit) 20.0 36.5 36.6 48.8

Source: Doing Business, Latest available data.

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Individual Taxes

Tax Rate

Individual income tax Flat rate of 10%
Allowable Deductions and Tax Credits
Allowable deductions for the primary workplace include:

  • individual mandatory social contributions due according to the provisions of the law and in line with the provisions of the EU legislation or any social security agreement to which Romania is a party
  • personal deductions calculated in accordance with the relevant legislation
  • trade union membership fees
  • contributions to voluntary pension funds classified as such by the Financial Surveillance Authority, made to authorised entities established in member states of the EU or EEA, up to the RON equivalent of EUR 400 per annum per employee
  • voluntary health insurance premiums and subscriptions to private healthcare facilities, according to the relevant legislation, borne by employees, up to the RON equivalent of EUR 400 per year

For the salary income obtained in other cases, taxable income is computed as the difference between the gross salary income and the individual mandatory social contributions.

Individual taxpayers may direct up to 3.5% of their annual income tax to charitable purposes.

Special Expatriate Tax Regime
Romanian citizens domiciled in Romania are taxed on their worldwide income, while Romanian citizens not domiciled in Romania and foreign individuals are only taxed on their Romania-source income.

An individual is resident in Romania if he/she fulfils at least one of the following conditions: is domiciled in Romania; is present in Romania for a period or periods that exceed 183 days in any 12 consecutive months interval ending in the calendar year concerned; is a Romanian citizen working abroad as a civil servant or as an employee of the Romanian state; or has the centre of vital interests in the country.

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Double Taxation Treaties

Countries With Whom a Double Taxation Treaty Have Been Signed
National Fiscal Administration Agency
Withholding Taxes
Dividends: 0% (individuals; paid by Romanian companies to companies resident in one of the EU member states, if the conditions of the Parent-Subsidiary Directive are respected)/5% (paid to a company not resident in the EU/EEA), Interest: 0% (resident companies; individuals)/16% (non-resident company), Royalties: 0% (resident companies; individuals)/16% (non-resident company)
These rates could be reduced under double taxation agreements.
Bilateral Agreement
Spain and Romania are bound by a double taxation treaty, signed on June 17th, 1980 in order to avoid double taxation.
Withholding tax rates unde the tax treaty are: 10%/15% for dividends, 10% for interest and 10% for royalties.
Download the treaty in Spanish.

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Actualitzacions: September 2022

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