On 2 July 2026, Order No. 828 regarding transaction value thresholds, the deadlines for the preparation, content and conditions for requesting the transfer pricing file, and the transfer pricing adjustment/estimation procedure, was published in the Official Gazette of Romania, Part I, No. 543. This Order will replace the current Order No. 442/2016, which regulates transfer pricing in Romania.

The new Order introduces a number of important changes, which will apply to transactions carried out with related parties starting from 2026, as follows:

The new regulation introduces major changes for large taxpayers, who will be required to annually submit the transfer pricing file electronically through the Private Virtual Space (SPV), without waiting for an explicit request from the tax authorities, within 30 working days from the statutory deadline established for the submission of annual corporate income tax returns.

Currently, large taxpayers are required to prepare the transfer pricing file; however, it is submitted only upon request by ANAF.

Another important change provided by this Order is the amendment of the materiality thresholds for transactions carried out with related parties.

Below, we will present the documentation thresholds for transactions carried out with related parties, according to the draft order, as follows:

Another important novelty is the introduction of a clear definition of what constitutes a transfer pricing file.

The new Order introduces a much more detailed methodology regarding:

• the tested party;
• the comparables’ jurisdiction;
• the geographical expansion of the search;
• the EMEA, APAC and Americas regions;
• the interquartile range.

These provisions were not explicitly included in Order No. 442/2016. With regard to the tested party and the geographical criterion, the new Order provides for the following situations:

1. where the tested party is a taxpayer/payer that is a tax resident of Romania, the comparability analysis shall be performed based on comparables identified in Romania. If sufficient comparables are not identified, the search shall be successively expanded to the European Union level (including the United Kingdom), the Europe, Middle East and Africa (EMEA) region and, subsequently, to the international level;

2. where the tested party is not a taxpayer/payer that is a tax resident of Romania, the comparability analysis shall be performed based on comparables identified in the jurisdiction of tax residence of the tested party. If sufficient comparables are not identified, the search shall be expanded to the geographical region to which the tested party’s jurisdiction of tax residence belongs. If sufficient comparables are not identified at the level of that geographical region either, the search shall be expanded to the international level;

Thus, the relevant geographical region for the tested party is determined based on its tax residence jurisdiction and may be: the European Union (including the United Kingdom of Great Britain), the Europe, Middle East and Africa (EMEA) region, the Asia-Pacific (APAC) region or the North America, Central America and South America (Americas) region.

The provisions of this order apply to administrative procedures initiated after 1 January 2027.

Further information will be provided in the upcoming newsletters.

Disclaimer

The information contained in this newsletter is intended to give you an overview of new legislation; the newsletter does not contain a comprehensive analysis of each topic. For further information on the topics covered please contact us. No responsibility is accepted for decisions or omissions following the use of the content of this newsletter. All Crowe newsletters are available at the address www.crowe.ro.

Crowe România