On 2 July 2026, Romania’s National Authority for Fiscal Administration (NAFA) published Order 828/2026, which fully replaces Order 442/2016 and introduces the most significant reform of the Romanian transfer pricing documentation framework since 2016, further aligning local requirements with the OECD Transfer Pricing Guidelines.
Key highlights
- Annual filing for large taxpayers: Large taxpayers must prepare the transfer pricing report annually and submit it electronically through the Private Virtual Space (SPV), signed by the legal representative, within 30 working days after the corporate income tax return filing deadline.
- Per-party, per-category assessment: Thresholds are now assessed separately for each related party and each transaction category, rather than aggregating transactions across all affiliates.
- Small and medium taxpayers: No annual filing obligation. Documentation is required only upon request during a tax audit, within 30 to 60 working days.
- Expanded content: New requirements on functional analysis profiles, business restructurings, tested party selection, and comparability analyses.
- Stricter benchmarking: Studies must be submitted in Excel format, including formulas and quantified results.
- New disclosure Annex: A standardized breakdown of related-party transactions and year-end transfer pricing adjustments, reported per counterparty.
Materiality thresholds – Large taxpayers (VAT excluded)
| Transaction category | Previous (Order 442/2016) | New (Order 828/2026) |
| Services | EUR 250,000 | EUR 100,000 |
| Financing / interest | EUR 200,000 | EUR 200,000 (unchanged) |
| Intangible assets / royalties | EUR 350,000 (combined with tangible goods) | EUR 250,000 |
| Tangible goods | EUR 350,000 (combined with intangibles) | EUR 350,000 |
Materiality thresholds – Small and medium taxpayers (VAT excluded)
| Transaction category | Previous (Order 442/2016) | New (Order 828/2026) |
| Services | EUR 50,000 | EUR 50,000 (unchanged) |
| Financing / interest | EUR 50,000 | EUR 100,000 |
| Intangible assets / royalties | EUR 100,000 (combined with tangible goods) | EUR 150,000 |
| Tangible goods | EUR 100,000 (combined with intangibles) | EUR 200,000 |
Applicability
The new framework applies to transactions carried out from 1 January 2026, while procedural provisions apply to tax administration procedures initiated after 1 January 2027.
What to do now
Given the tighter timelines and stricter evidentiary expectations, businesses should assess whether they fall within the new annual filing requirement, confirm their systems can capture the required data, and adapt their documentation accordingly.
We remain available to discuss how these changes may affect your operations.
For more information:
Eduardo Emmerich – Eduardo.emmerich@basefirma.com
Daniel Medvedovsky – Daniel.medvedovsky@basefirma.com