Clarifications have been made regarding eligible assets for determining indicators I (the value of fixed assets under construction resulting from the acquisition/production of assets) and A (accounting depreciation at historical cost related to acquired/produced assets) in the calculation of the specific turnover tax (ICAS). Accordingly, the tangible assets eligible for determining indicators I and A for the calculation of the minimum turnover tax (IMCA) will also be taken into account for the calculation of ICAS.

Additionally, in determining indicator I from the ICAS calculation, only assets under construction recorded in the accounting records starting from January 1, 2025, will be included. This value will be reported separately within indicator I, without being included in indicator A.

Regarding the obligation to pay ICAS for oil and gas companies, an exception has been introduced for taxpayers generating revenue from the sale of solid fuels, naphtha and other products related to activities classified under CAEN codes 4671, 4681 and 4730. This exception applies only if the taxpayer's main activity does not fall under the CAEN codes subject to the specific tax. Taxpayers engaged in other secondary activities classified under CAEN codes subject to the specific tax will not benefit from this exception.

Regarding the fulfillment of tax obligations, non-residents established in the European Union may optionally designate a fiscal representative for the computation and payment of ICAS. Instead, for individuals not established in the European Union, the appointment of a fiscal representative is mandatory. The procedure and requirements for registering the representative will be approved.

Furthermore, an obligation has been introduced for companies subject to ICAS or the designated fiscal representative to provide a guarantee letter in the amount of 1 million euro, equivalent in RON. The guarantee must be established within 15 days from the date of the entry into force of this Ordinance, and failure to establish it shall entail the prohibition to carry out any customs formalities, until the obligation is fulfilled.

Taxpayers carrying out activities under CAEN codes subject to ICAS are required to calculate, report and pay the specific tax for quarters I-IV by the 25th of the month following the respective quarter, including for the fourth quarter.

These provisions were introduced by Order No. 109/2025 regarding eligible assets for the computation of indicators I and A, which was published in the Official Gazette No. 66 on January 27, 2025, and amends OMF No. 10/2024.

These provisions were introduced by Ordinance No. 3/2025 regarding the supplementation of provisions on the ICAS payment obligation, which was published in the Official Gazette No. 92 on January 31, 2025, and amends Article 462 of Law No. 227/2015 on the Fiscal Code.

The obligation to submit the informative Form 205 has been introduced for taxpayers who maintain accounting records and withholding tax at source on income from the transfer of the use of property, except for income derived from the lease of agricultural assets and the rental of personal residences for tourism purposes (i.e., rental income tax). Therefore, in addition to the obligation to declare the rental income tax through Form 100, taxpayers must also annually report informative data on the withholding tax for each income beneficiary.

As a reminder, Form 205 must be submitted by February 28, 2025 for income earned in 2024. Also, the form must be submitted every time the taxpayer identifies errors in the previously submitted return, rectifying it accordingly.

These provisions were introduced by Order No. 102/2025 regarding the amendment of the Order of the President of ANAF No. 179/2022 for the approval of the format and content of Forms 205 and 207, published in the Official Gazette No. 65 on January 27, 2025.

Previously, the provisions regarding the mutual agreement procedure in the Agreement stated that if a person considered that the measures adopted by one or both contracting states lead or will lead to taxation not in accordance with the Agreement, it could refer the matter to the competent authority in their state of residence. However, the amendment obliges the competent authority to seek resolution such cases through a mutual agreement with the authority of the other contracting state, in order to prevent double taxation.

These provisions were introduced by Law No. 2/2025, which was published in the Official Gazette No. 17 on January 13, 2025.

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