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 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
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.
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.
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
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
Since June 2007 is it possible to obtain for a bilateral, unilateral or multilateral Advance Pricing Agreement (APA) in Romania.
Rules for transfer pricing in Romania prescribe that an APA’s cannot be agreed upon for a period of time exceeding five years.
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.