How to challenge an ANAF tax assessment decision or a local tax decision in Romania without additional risks

The role of the lawyer in challenging a Tax Assessment Decision issued by ANAF, the City Hall or the Directorate for Taxes and Local Duties in Romania

The issuance of a tax decision in Romania by NAFA, by the City Hall or by the Directorate for Taxes and Local Duties may generate significant legal and financial consequences for taxpayers, both individuals and legal entities. In practice, such a measure may result from a tax audit, a reassessment of tax obligations, the establishment of differences regarding taxes and duties in Romania, or the finding of alleged outstanding obligations. The Romanian Fiscal Procedure Code regulates the taxpayer’s right to file a challenge against an administrative-fiscal act deemed unlawful or unfounded, including against a tax decision in Romania. At the same time, the Romanian Administrative Litigation Law allows the initiation of an action before the administrative courts and the filing of annulment proceedings when the public authority refuses to remedy the situation through the administrative procedure. In certain circumstances, the taxpayer may also request the revocation of the administrative act, as well as measures regarding suspension of enforcement or suspension of the administrative act, in order to avoid substantial damages until the dispute is resolved. This article analyzes the procedure for challenging a tax decision in Romania issued by NAFA, the City Hall or the Directorate for Taxes and Local Duties, as well as the role of legal assistance within administrative and judicial proceedings concerning tax disputes in Romania.

In this context, the Romanian Law Firm Pavel, Margarit and Associates provides specialized legal services in the field of fiscal law and administrative litigation, offering complete legal assistance in procedures regarding the challenge of administrative-fiscal acts, the filing of proceedings concerning a tax court decision in Romania, the initiation of administrative litigation actions, as well as procedures related to suspension of enforcement and recovery of damages generated by unlawful fiscal measures. The firm’s team includes a tax lawyer in Romania, a fiscal lawyer in Romania, a lawyer for taxes in Romania, and a tax advisor in Romania experienced in handling complex tax disputes in Romania.

In what situations can a Tax Assessment Decision issued by NAFA, the City Hall or the Directorate for Taxes and Local Duties be challenged

A tax decision in Romania represents an administrative-fiscal act issued by the competent tax authority establishing tax obligations against the taxpayer. According to the Romanian Fiscal Procedure Code, the taxpayer has the right to challenge such a measure when it is considered to have been issued in breach of legal provisions or based on an incorrect interpretation of the taxpayer’s fiscal situation. In practice, a tax decision in Romania may be challenged when the tax authority incorrectly determines the taxable base, wrongly applies tax legislation, improperly interprets supporting documents or issues the act without complying with the legal procedure regarding tax inspections and communication of administrative-fiscal acts. Similar situations arise in relation to decisions issued by City Halls or by the Directorate for Taxes and Local Duties, especially concerning building taxes, land taxes, vehicle taxes or other local taxes and duties in Romania.

The Romanian Fiscal Procedure Code provides for the possibility of filing an administrative challenge against administrative-fiscal acts, while the Administrative Litigation Law regulates the right of the injured party to request the annulment of the administrative act before the court whenever the fiscal measure produces prejudicial effects. In certain cases, the taxpayer may also request the revocation of the administrative act when the issuing authority identifies legality or opportunity defects. Furthermore, where enforcement of the fiscal act may generate serious consequences, the taxpayer may request suspension of enforcement or suspension of the administrative act in order to prevent the execution of the obligations established by the tax decision in Romania until the final settlement of the dispute. Such proceedings are increasingly common within tax disputes in Romania, particularly in matters concerning improperly assessed taxes and duties in Romania.

A fiscal lawyer in Romania and a tax lawyer in Romania may analyze the legality of a tax decision in Romania, may prepare the legal challenge against such measure and may represent the taxpayer within administrative and judicial proceedings concerning unlawful tax acts and the annulment of administrative-fiscal measures. A lawyer for taxes in Romania or an income tax lawyer in Romania may also assist taxpayers who disagree with a tax decision in Romania and seek protection against abusive fiscal measures.

When is it necessary to bring court proceedings against a Tax Assessment Decision

Where the administrative challenge filed against a tax decision in Romania is rejected or only partially admitted, the taxpayer has the right to initiate administrative litigation proceedings before the competent court. Romanian Administrative Litigation Law no. 554/2004 regulates the right of the injured party to request the total or partial annulment of the administrative-fiscal act, as well as compensation for the damages caused by its issuance. In practice, bringing legal proceedings becomes necessary whenever the tax authority maintains unlawfully established tax obligations, refuses to examine the evidence submitted by the taxpayer or ignores procedural violations identified during the tax inspection. These proceedings frequently arise in the context of complex tax disputes in Romania and disputes regarding taxes and duties in Romania.

Within such proceedings, the taxpayer may initiate annulment actions and may simultaneously request measures regarding suspension of enforcement or suspension of the administrative act in order to prevent the forced collection of the obligations established through the contested fiscal act. Furthermore, where enforcement proceedings have already commenced, the taxpayer may file challenges against the enforcement procedure or against the enforcement title itself, especially when disputing the legality of the enforceable title or the manner in which the authorities seek to enforce taxes in Romania. In practice, Romanian courts analyze both the legality of the fiscal act and the observance of the taxpayer’s procedural rights, including the right to defense and the right to proper reasoning of the administrative-fiscal act. In many situations involving tax enforcement in Romania, taxpayers also seek protection against abusive or disproportionate measures of forced execution in Romania.

In support of such claims, taxpayers rely on the tax inspection report, accounting and fiscal documents, relevant contracts, fiscal expert reports and legal arguments regarding breaches of the Romanian Fiscal Code and Fiscal Procedure Code. The procedure may also involve requests concerning suspension of enforcement proceedings, particularly where there is a risk of bank account seizure or asset recovery before a final judgment is rendered. Such legal remedies are essential in disputes concerning tax enforcement in Romania and ongoing enforcement proceedings in Romania.

Therefore, suspension of the enforcement of the administrative-fiscal act and annulment proceedings represent the main legal remedies against an unlawful tax decision in Romania issued by NAFA. The administrative challenge does not automatically suspend enforcement; however, the taxpayer may request suspension under Romanian Administrative Litigation Law no. 554/2004 in duly justified cases and for the prevention of imminent damage. The request must be filed within 30 days from communication of the act, while the suspension ceases by law if the annulment action is not initiated within 60 days. The court may order suspension until settlement on the merits or until a final judgment is delivered, thus preventing tax enforcement in Romania, blocking forced execution in Romania, and suspending the calculation of tax penalties during the proceedings.

A tax lawyer in Romania, an enforcement lawyer in Romania, or a lawyer for taxes in Romania may ensure the drafting of court actions, the filing of suspension requests, representation of the taxpayer within administrative litigation proceedings, as well as legal assistance in matters related to enforcement proceedings in Romania and disputes concerning the enforcement title. An experienced tax lawyer near me in Romania may also assist taxpayers facing urgent measures related to forced execution in Romania.

What are the legal deadlines for filing a tax challenge. Advantages of legal representation in relation to NAFA and local authorities

According to the Romanian Fiscal Procedure Code, the general deadline for filing a challenge against a tax decision in Romania is 45 days from the date of communication of the administrative-fiscal act, under penalty of forfeiture, pursuant to Article 270 paragraph (2) of the Romanian Fiscal Procedure Code. Compliance with this deadline is essential, as failure to observe it may result in dismissal of the challenge as time-barred and in the loss of the possibility to obtain, either through administrative or judicial proceedings, the annulment of the administrative act. In practice, this deadline applies both to acts issued by NAFA and to those issued by City Halls or Directorates for Taxes and Local Duties. In certain circumstances, the taxpayer may also request suspension of the administrative act, especially where enforcement of the obligations established through the tax decision in Romania may cause imminent and irreparable damage. These procedural aspects are highly relevant in ongoing tax disputes in Romania.

Where the administrative challenge is not resolved within 6 months from the filing date, pursuant to Article 281 paragraph (5) of the Romanian Fiscal Procedure Code, the claimant has the right to address the competent administrative court seeking annulment of the administrative act under Romanian Administrative Litigation Law no. 554/2004. Such proceedings are frequently encountered in disputes involving taxes and duties in Romania and the legality of measures adopted by tax authorities.

Fiscal procedures require compliance with strict conditions regarding the content of the challenge, the indication of factual and legal grounds, the submission of relevant evidence and the proper formulation of ancillary claims. In the absence of adequate legal arguments, there is a risk that the tax obligations will be maintained and that enforcement proceedings will commence. Therefore, in numerous situations, taxpayers must also file separate requests regarding suspension of enforcement proceedings and initiate annulment actions or administrative litigation proceedings against the tax authorities. Such measures are essential to prevent abusive tax enforcement in Romania and unlawful forced execution in Romania.

Romanian Law no. 51/1995 regarding the organization and practice of the legal profession establishes the lawyer’s role in providing legal assistance and representation before public authorities, tax authorities and courts of law, which is essential in proceedings concerning a tax decision in Romania. Legal assistance contributes to compliance with procedural deadlines, proper drafting of the challenge, formulation of relevant fiscal and administrative arguments and reduction of the risks associated with tax enforcement in Romania. Furthermore, legal representation in administrative litigation proceedings or suspension of enforcement procedures may significantly increase the taxpayer’s chances of obtaining a favorable solution and preventing the maintenance of unlawfully established fiscal obligations.

“A tax assessment decision issued by the fiscal authorities may generate substantial legal and financial consequences, which is why any challenge procedure must be based on a careful analysis of the legality of the administrative-fiscal act and of the taxpayer’s procedural rights.” stated Dr. Radu Pavel, Managing Partner of the Romanian Law Firm Pavel, Margarit and Associates.

Challenging a tax decision in Romania issued by NAFA, the City Hall or the Directorate for Taxes and Local Duties represents a complex legal procedure involving strict compliance with procedural deadlines and the formulation of solid fiscal and administrative arguments. Both the administrative challenge procedure and the initiation of administrative litigation or annulment proceedings require a detailed analysis of the fiscal act and of the documentation underlying its issuance. In certain circumstances, the taxpayer may require urgent measures concerning suspension of enforcement, protection against tax enforcement in Romania, procedures regarding forced execution in Romania, or even legal remedies concerning ongoing enforcement proceedings in Romania in order to protect assets and business activity. In this context, the Romanian Law Firm Pavel, Margarit and Associates recommends seeking the assistance of a tax lawyer in Romania, a fiscal lawyer in Romania, a lawyer for taxes in Romania, or an income tax lawyer in Romania, who may provide specialized legal assistance regarding fiscal disputes, recovery of damages and representation of taxpayers in relation to NAFA and local authorities.

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 2026, 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 2026 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.