New Methodological Rules on the Application of the Reduced VAT Rate of 11%

Government Decision No. 602/2025, amending Title VII “Value Added Tax” of the Methodological Norms for the application of the Fiscal Code (GD No. 1/2016), was published in the Official Gazette No. 715 of 31 July 2025. The changes follow Law No. 141/2025, which introduced new VAT rates.

  1. Definition of foods eligible for reduced VAT

The rules clarify the meaning of “food intended for human consumption” and “food intended for animal consumption” according to Regulation (EC) No. 178/2002. A reduced VAT rate of 11% applies to the supply of food (including beverages), live domestic animals and birds, with certain exceptions.

  1. List of goods with reduced VAT

The reduced rate applies along the entire supply chain, regardless of the product’s final destination, for goods under specific NC codes – from live animals and dairy products to vegetables, fruits, cereals, oils, processed foods, and non-alcoholic beverages (NC 2201 and 2209).
Exception: foods with added sugar ≥10 g/100 g product, except infant milk powder.

  1. Examples of application
  • Fruits: both producer and trader apply 11% VAT regardless of the final use of apricots.
  • Honey: reduced VAT applies even when sold to cosmetics factories or mead producers.
  • Soybean oil: imports for biodiesel production benefit from 11% VAT.
  1. Other cases with reduced VAT
  • Accommodation: in the hotel and similar sectors, including camping, 11% VAT applies regardless of package (breakfast, full board, all-inclusive).
  • Restaurant and catering services: 11% VAT for food, except alcoholic beverages and certain non-alcoholic drinks (NC 2202).
  • Social policy housing: 11% VAT applies if conditions in Article 291(2)(l) of the Fiscal Code are met, based on a notarised buyer’s declaration.
  • Repeals: the reduced VAT for notified food supplements is removed.
  1. Mixed packages rule

If a package includes goods/services with different rates, the rate of the main service applies, as per ECJ ruling C-463/16.