Transfer pricing in Romania

Transfer pricing in Romania at a glance

Regulation Type National regulations with reference to the OECD
Are there specific transfer pricing regulations? Yes
Submission deadline N/A
Submission deadline upon request N/A
Annual update required No
Official language requirements Romanian
Potential impact of penalties EUR 3,200

 

Romanian tax law

Rules for transfer pricing in Romanian are based upon:

  • Law 571/2003 regarding the Fiscal Code as subsequently completed and amended
  • National Agency for Fiscal Administration Order 222/2008
  • Decision 529/2007
  • Government Ordinance 92/2003

OECD

Rules for transfer pricing in Romania are based on national regulations. However, in these regulations it is stated that the OECD Transfer Pricing Guidelines should be taken into consideration.

Methods

Accepted methods

Accepted methods are:

  • the comparable uncontrolled price method
  • the resale price method
  • the cost plus method
  • the profit split method
  • the transactional net margin method

Priority of methods

Rules for transfer pricing in Romania prescribe that the method that provided the most accurate result should be used. However, the traditional methods are preferred over the transactional methods.

Documentation requirements

Information that should be included in the documentation:

  • Information about the taxpayer
  • Information about the group
  • A description of the related party transactions
  • A description of the used transfer pricing methods

Language

Rules for transfer pricing in Romania requires that all documentation should be prepared in Romanian.

Requirements to prepare documentation annually

In Romania it is not officially required to update the documentation annually, however, it is recommended to do so.

Submission deadline upon request by tax authorities

There is no specific deadline. The deadlines are set by tax authorities depending on the case and therefore the deadline is different every time.

Advance Pricing Agreements

General

Since June 2007 is it possible to obtain for a bilateral, unilateral or multilateral Advance Pricing Agreement (APA) in Romania.

Terms

Rules for transfer pricing in Romania prescribe that an APA’s cannot be agreed upon for a period of time exceeding five years.

Penalties

If a taxpayers fails to comply with the transfer pricing documentation requirements as prescribed by the authorities, the taxpayer risks a fine of EUR 3,200.

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