Through [Government Emergency Ordinance No. 89/2025], the Romanian Government established the elimination of the tax on special constructions starting from 1 January 2027. Thus, 2026 becomes the last fiscal year in which companies will calculate and pay this tax obligation, leading to a reassessment of costs related to fixed assets and of the impact on financial flows.
The immediate impact on companies is the need to verify the taxable base and the correct classification of special constructions in accounting records. According to [Law No. 227/2015 regarding the Fiscal Code], the payment obligation applies to Romanian legal entities, permanent establishments of foreign entities, and European companies registered in Romania, except for public institutions and certain non-profit entities.
In leasing contracts, the tax treatment differs depending on the legal structure of the transaction. In financial leasing, the taxpayer is the asset user, while in operational leasing the tax obligation belongs to the lessor. From an accounting perspective, this distinction influences both asset recognition and the calculation of depreciation and related tax obligations.
The taxable base is represented by the net accounting value of the constructions existing on 31 December of the previous year. For constructions that are not already subject to the building tax, a rate of 0.5% applies. The net value is determined by reducing the gross accounting value by the accumulated depreciation recorded in the accounting records.
For assets owned by the state or local authorities and used under administration, concession, free use, or lease agreements, beneficiaries owe a reduced tax of 0.25%. From a tax and contractual perspective, this rule requires careful verification of legal documentation and of the values recorded in the accounting records related to the assets used.