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Refundable VAT: What ANAF Order No. 1,123/2026 Brings and When Your Return Will Be Audited

In Brief

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  • What has changed: ANAF Order No. 1,123/2026 (Official Gazette No. 823 of September 28, 2026) amends the VAT refund procedure approved by Order No. 352/2022.
  • Key change: ANAF now has a clear list of 14 tax risk indicators. If a company meets at least one of these criteria, its return may be subject to an early tax audit prior to reimbursement.
  • Effective Date: for returns for the month of August 2026 and the third quarter of 2026, as well as for returns already under review.

Who Processes the Return

The VAT return with a negative balance and a refund option (D300) is reviewed by the tax authority to which the company belongs—that is, the tax office within whose jurisdiction the taxpayer’s tax domicile is located or where the taxpayer is registered. This may be the DGAMC, a county public finance administration, a local tax office, or the unit for medium-sized and non-resident taxpayers.

The rules apply to persons registered for VAT purposes (Art. 316 of the Tax Code). The refund is processed in accordance with Art. 169 of the Tax Procedure Code.

The Two ANAF “Lists”

ANAF maintains two special databases:

  1. Database on the risk of undue VAT refunds. Companies identified as having tax risk factors are included here.
  2. Database on entities in voluntary liquidation or insolvency. Exceptions are made for companies that already have a confirmed reorganization plan (Law No. 85/2014).

How a Company Ends Up in the Risk Database

 
Step
  What Happens
1.
The Report		 The tax inspection, anti-fraud, legal, or specialized department identifies risks and prepares a reasoned report.
2.
Approval		 The head of the tax unit approves the company’s inclusion in the database.
3.
Suspension of expedited approval		 Expense reports can no longer be approved “subject to subsequent verification.”
4.
Advance audit		The expense report is sent to the tax audit department and the amount is reimbursed only based on the audit’s findings.

The 14 risk indicators

Related to shareholders, directors, and history

  1. Shareholders, partners, or directors are listed in the risk database.
  2. They hold the same position at other companies listed in the risk database.
  3. The company’s tax record or that of its shareholders/directors contains final decisions regarding joint and several liability or asset-based liability.
  4. The tax record contains acts penalized as criminal offenses.

Related to tax returns and declarations

  1. The company has made adjustments to deductible or collected VAT that significantly affect the amount claimed for a refund.
  2. The amount currently claimed has increased significantly compared to previous tax returns.
  3. The company has frequently corrected clerical errors, with a significant impact on the amount.
  4. The company failed to file one or more D394, D390, or D406 returns by the deadline.

Related to the company’s status

  1. The company is undergoing insolvency prevention proceedings.
  2. The company has been declared or registered as insolvent.
  3. The company has been in operation for less than 6 months as of the date the return was filed.

Discrepancies with RO e-Factura and RO e-Case de marcat

  1. The VAT on issued invoices (RO e-Factura) and on tax receipts (RO e-Case de marcat) is significantly higher than the collected VAT reported in D300.
  2. The deductible VAT reported in D300 is significantly higher than the VAT on invoices reported by suppliers in RO e-Factura.

Supplier-Related Issues

  1. A significant portion of the deductible VAT comes from suppliers who:
    • are listed in the risk database;
    • are in insolvency or voluntary liquidation;
    • are declared fiscally inactive;
    • have offenses classified as criminal acts on their tax record;
    • have significant discrepancies between RO e-Factura and Form D300;
    • have not filed Forms D300, D394, D390, or D406;
    • have been in business for less than 6 months.

Note: Verifying suppliers becomes just as important as your own compliance. VAT deducted from high-risk partners can block your refund.

How the return is reviewed

Review period: 15 business days from the submission of the return or from the decision to correct material errors. This is the deadline for risk assessment, not the deadline for payment of the amount.

Mandatory advance inspection, without risk analysis

In these situations, the return goes directly to audit:

  • the company has offenses classified as crimes on its tax record;
  • the company is in insolvency or voluntary liquidation, without a confirmed reorganization plan;
  • the company is not a large or medium-sized taxpayer and is filing its first return with the refund option after registration or re-registration for VAT purposes;
  • the negative balance stems from a period longer than 12 months.

For large and medium-sized taxpayers

If none of the above situations apply, ANAF reviews the 14 indicators:

  • no risk indicators: a VAT refund decision is issued, subject to further verification;
  • risk indicators exist: the return may be referred for an early tax audit.

If you have already received the refund decision

If ANAF has already issued a refund decision subject to further verification, and it is subsequently confirmed that the company falls into a risk category, the decision is revoked (Art. 94, para. (2) of the Tax Procedure Code).

  • The revocation notice may be challenged within 45 days of notification.
  • If the company has a Virtual Private Space (SPV), all decisions and notifications are sent via the Virtual Private Space.

How to Be Removed from the Risk Database

Removal may occur:

  • upon a substantiated request, submitted by the unit that requested the registration or by the specialized department, following a reassessment showing that the risk has disappeared;
  • automatically, if within 12 months the tax inspection has verified at least 3 tax returns and the established VAT differences were less than 10% of the amount claimed, without exceeding 50,000 lei per tax return;
  • upon cessation of business and the company’s permanent deregistration. This situation is reviewed annually, by January 31.

Proposals for retention or deregistration are approved by a special commission at the level of each administrative unit. The commission consists of the head of the tax unit and the relevant deputies and decides by simple majority.

Effective Date

  • Tax returns for tax periods beginning in August 2026 (monthly) or the third quarter of 2026 (quarterly).
  • Tax returns pending resolution as of the effective date of the order, except for those already submitted for an advance tax audit.

Legal Basis: ANAF Order No. 1,123/2026 amending and supplementing ANAF President’s Order No. 352/2022 regarding the procedure for settling VAT returns with negative amounts eligible for refund; Law No. 227/2015 on the Tax Code; Law No. 207/2015 on the Tax Procedure Code.