The fiscal changes entering into force as of 1 January 2026 mark a significant shift in the taxation regime applicable to both individuals and legal entities, based on the fiscal measures package adopted through Law no. 239/2025 on the recovery and efficiency of public resources and validated by the decision of the Constitutional Court. The new provisions introduce tax increases, additional compliance obligations for taxpayers, strengthened ANAF control mechanisms, and an expansion of sanctions applicable in cases of non-compliance, with the objective of increasing budgetary revenues and reducing tax evasion. This article analyses the main fiscal amendments applicable in 2026, their impact on taxpayers, and the associated legal risks.

In this context, The Romanian Law Firm Pavel Mărgărit and Associates provides specialized legal services in tax law, commercial law, and administrative litigation, ensuring full legal assistance to individual and corporate taxpayers in order to comply with new legal obligations and protect their rights in relation to public authorities. Our team in Bucharest offers assistance in matters involving tax disputes, tax decisions, and situations where taxpayers may disagree with a tax decision, as well as representation in civil disputes in Romania and complex commercial matters. The firm also provides consultancy in company formation in Romania by a commercial lawyer, including support to start a business in Romania, set up a company in Romania, open a company in Romania, open a limited company, and guide entrepreneurs through starting up your own business in Romania in a legally compliant manner.

Tax lawyer in Romania. Tax and duty increase from 1 January 2026: impact of the new fiscal measures

The implementation of the second fiscal measures package, promulgated on 15 December, anticipates a substantial increase in tax obligations starting from 1 January 2026, directly affecting taxpayers’ cash flow. The legislative provisions introduce adjustments to tax rates and restrict several tax incentives that previously allowed extensive fiscal optimization, requiring companies to reassess their business strategies. Compliance now demands a detailed legal and fiscal analysis of each amendment, as the impact will not be limited to corporate income tax, but will also affect personal income taxation and the VAT regime applicable to certain categories of goods and services.

The new fiscal measures applicable in 2026 specifically target higher local taxes on buildings, land, and vehicles, through revised valuation rules and a reduced number of exemptions. At the same time, the e-Property system is formally regulated as a centralized registry of immovable assets in Romania, intended to improve the efficiency of local tax collection. The application of these rules may generate disputes regarding the taxable value of assets, leading to tax disputes concerning the fiscal burden imposed by local authorities and, in certain cases, to civil disputes in Romania related to property valuation.

In addition to local taxation, the fiscal package introduces significant changes to corporate income tax, independent income, and investment income. For multinational companies not subject to the minimum turnover tax, namely those with annual turnover below EUR 50 million, deductibility of expenses related to intellectual property rights, management, and consultancy is substantially limited. Regarding investment income, the withholding tax applicable to gains from securities and derivative financial instruments increases from 1% to 3% for holdings exceeding one year and from 3% to 6% for holdings sold within one year. For transactions not intermediated by brokers and for cryptocurrency gains, the tax rate increases from 10% to 16%, while maintaining the non-taxable threshold of RON 200 per transaction, provided that total annual gains do not exceed RON 600.

In the context of increasing fiscal obligations as of 2026, assistance provided by a lawyer for taxes, and a litigation lawyer in Romania becomes essential for assessing the impact of new tax rates on ongoing activities, including company formation in Romania, open a company in Romania, open a limited company, or start a business in Romania. A litigation lawyer in Bucharest anda compensation lawyer in Romania cansupport taxpayers who disagree with a tax decision through administrative remedies, enforcement proceedings in Romania, and situations involving forced execution in Romania. Where fiscal measures generate commercial conflicts or civil disputes in Romania, a civil lawyer in Romania and a litigator in Romania may initiate administrative litigation aimed at challenging the tax decision and obtaining compensation, including protection against enforcement in Romania.

Starting in 2026, legislation applicable to companies introduces essential changes regarding share capital and financial discipline. Newly established companies will be required to have a minimum share capital of RON 500, while existing companies with net turnover exceeding RON 400,000 must increase their share capital to at least RON 5,000. Additionally, all legal entities will be required to maintain a payment account with a Romanian bank or the State Treasury, with non-compliance triggering the risk of fiscal inactivity declared by ANAF and even automatic dissolution. These measures aim to enhance financial traceability and strengthen discipline within the business environment.

With respect to corporate structure and transactions, the new regulations impose significant restrictions on the transfer of shares in companies with outstanding tax liabilities, conditioning enforceability against tax authorities upon notification within 15 days and the provision of guarantees covering outstanding debts. Rules regarding loans between companies and shareholders, dividend distribution, and capital increases are tightened, while the obligation to accept card payments is expanded and access to payment rescheduling mechanisms is restricted. At the same time, the fiscal inactivity regime becomes more severe, as the lack of a bank account or reporting failures may lead to automatic dissolution of companies remaining inactive for extended periods.

In relation to the new rules applicable from 2026, support from a commercial lawyer, business lawyer, and corporate lawyer is crucial for entrepreneurs seeking to set up a company in Romania, start a business in Romania, starting up your own business in Romania, or open a limited company, as well as for existing companies required to adapt their legal structure and share capital. Through specialized legal assistance, a litigation lawyer in Romania, litigation lawyer in Bucharest, may also intervene where disputes arise, ensuring compliance and minimizing risks associated with tax disputes, enforcement proceedings in Romania, and civil disputes in Romania.

ANAF Tax Lawyer. Minimum Turnover Tax (IMCA) in 2026: Obligation to Maintain Assets and the Risk of Tax Recalculation

Law no. 239/2025 introduces strict regulations regarding the Minimum Turnover Tax (IMCA), imposing on taxpayers the obligation to retain in their assets the items for which depreciation reductions have been applied, for a period equal to half of their economic useful life, but not exceeding five years, in accordance with Article 45 para. (24) of the law. Failure to comply with this obligation triggers a recalculation of the minimum tax and the assessment of ancillary tax liabilities under the Fiscal Procedure Code, starting from the quarter in which the initial reduction was applied. Specific exceptions apply to assets transferred as part of reorganization processes, disposed of during liquidation procedures, or destroyed or stolen, provided that such situations are rigorously documented through judicial records or solid accounting evidence.

At present, the Romanian Government is considering significant amendments regarding the Minimum Turnover Tax (IMCA) starting in 2026, in response to requests from foreign investors and the business community aimed at reducing the fiscal burden. According to Prime Minister Ilie Bolojan, two options are currently under consideration: reducing IMCA by half as of 1 January 2026 and eliminating it entirely starting in 2027 if the guaranteed gross minimum wage remains at its current level, or eliminating IMCA altogether as of January 2026 if the minimum wage is increased to a higher threshold. The final decision is expected to be adopted in the near future as part of the preparation of the state budget for 2026.

In applying the new IMCA rules, assistance provided by a lawyer for taxes, and a litigation lawyer in Romania is essential for evaluating fiscal risks arising from asset retention obligations and potential tax reassessments. Where the tax authority issues a tax decision due to non-compliance with Law no. 239/2025, taxpayers may initiate tax disputes and formally disagree with a tax decision through administrative remedies. If forced execution in Romania is initiated, taxpayers may challenge enforcement proceedings in Romania with the support of a litigator in Romania, a litigation lawyer in Bucharest, or a compensation lawyer in Romania, in order to limit immediate effects and protect their rights in relation to enforcement in Romania.

ANAF inspections are a frequent reality in the business environment and may result in tax decisions or other fiscal administrative acts with significant impact on companies and individuals, particularly in the context of intensified controls. Taxpayers benefit from rights expressly recognized by the Fiscal Procedure Code and the Administrative Litigation Law, including the right to challenge fiscal acts such as fines or tax decisions, and, where administrative remedies fail, to initiate court proceedings seeking annulment or revocation of unlawful administrative acts. Within such proceedings, procedural flaws, substantive errors, or incorrect assessment of tax obligations may be invoked. The statutory deadline for filing a challenge against an ANAF decision is 45 days from notification, extendable to three months if the act lacks mandatory legal elements.

Where fiscal enforcement has already been initiated, taxpayers may file challenges against forced execution in Romania or contest the enforceable title in order to suspend or stop recovery actions. The legislation also allows taxpayers to request court-ordered suspension of the administrative fiscal act within a maximum of 30 days from becoming aware of it, including suspension pending final resolution of the dispute. During suspension, enforcement proceedings in Romania are blocked, fiscal obligations are excluded from the tax clearance certificate, and late payment penalties cease to accrue, subject to statutory exceptions. These legal mechanisms provide effective protection and enable the prevention of fiscal risks during ANAF inspections and enforcement in Romania.

“The new fiscal obligations applicable as of 2026 must be approached with great caution by both entrepreneurs at the beginning of their journey and by established entities, as well as by affected individuals, which is why we recommend seeking specialized legal assistance tailored to each case,” stated Dr. Radu Pavel, Managing Partener of the Romanian law firm Pavel, Mărgărit and Associates.

The Romanian Law Firm Pavel Mărgărit and Associates has extensive experience in tax law, civil disputes in Romania, administrative litigation, and commercial law. Our team of civil lawyer in Romania and litigator in Romania, as well as abusiness lawyer and acorporate lawyer,  provide assistance in drafting challenges against enforcement proceedings in Romania, actions for annulment of administrative acts, and compensation claims arising from unlawful tax decisions. We also assist clients seeking to set up a company in Romania, open a company in Romania, open a limited company, or engage in starting up your own business in Romania, offering comprehensive legal support to safeguard clients’ rights and interests in relation to public authorities and the business environment.

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In conclusion, the fiscal amendments applicable in 2026 represent a turning point for the Romanian business environment, imposing increased rigor in asset management and strict compliance with new tax rates and share capital requirements. Whether addressing obligations related to the Minimum Turnover Tax and asset retention or pursuing administrative litigation to block erroneous tax decisions, taxpayers must adopt a proactive legal strategy to protect their interests. Accordingly, the The Romanian Law Firm Pavel Mărgărit and Associates recommends seeking assistance from a lawyer for taxes, commercial lawyer, business lawyer, and corporate lawyer, as well as a civil lawyer in Romania, capable of effectively navigating these legislative transformations and ensuring full legal compliance for individuals and businesses alike.

Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2025, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2025 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.

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