Two New ANAF Orders Amend Romania’s Transfer Pricing Rules
Thank you for reading this post, don't forget to subscribe!Two ANAF Orders published in Romania’s Official Gazette No. 543 of 2 July 2026 introduce significant changes to the country’s transfer pricing framework. The new regulations affect both the preparation of transfer pricing documentation and the procedure for obtaining Advance Pricing Agreements (APAs), making them relevant for all companies engaged in transactions with related parties.
The 2026 transfer pricing changes are introduced through ANAF Order No. 828/2026 and ANAF Order No. 827/2026, with Order No. 828/2026 replacing the current ANAF Order No. 442/2016.
Key Changes Introduced by ANAF Order No. 828/2026
The new Order updates the rules governing transfer pricing documentation and introduces additional compliance requirements for taxpayers.
The most important changes include:
- the obligation for large taxpayers to submit the transfer pricing file electronically through the Virtual Private Space (SPV) within 30 working days after filing the corporate income tax return;
- separate value thresholds for each transaction category and for each related party, differentiated according to the taxpayer category;
- an explicit definition of an incomplete transfer pricing file;
- the introduction of geographical criteria for preparing comparability analyses, depending on the tested party;
- a mandatory report issued by an independent auditor where the tested party is not the Romanian company;
- a new standardized reporting template for intra-group transactions, structured by income, expenses, loans, and the proportion of related-party transactions.
Changes to Advance Pricing Agreements
ANAF Order No. 827/2026 updates the procedure for issuing and amending Advance Pricing Agreements (APAs). The revised rules align the APA procedure with previous legislative amendments and incorporate the requirements introduced by Order No. 828/2026, including those relating to comparability analyses and supporting documentation.
When the New Rules Apply
The 2026 transfer pricing rules apply to transactions carried out during the 2026 financial year. For tax administration procedures, including tax audits, the new provisions will apply from 1 January 2027.
Given their impact on documentation and reporting obligations, companies carrying out transactions with related parties should review their transfer pricing policies and documentation well in advance to ensure compliance with the new requirements.