Documentation, thresholds, ANAF deadlines, penalties and Advance Pricing Agreements — with preparation of the transfer pricing file and defence against adjustments, by a tax adviser and forensic tax expert with ADIT training (Transfer Pricing module, CIOT London).
Romanian transfer pricing rules require that every transaction between related parties — domestic and cross-border — be priced as if it had taken place between independent companies. The framework sits in the Fiscal Code and the Fiscal Procedure Code and is closely aligned with the OECD Transfer Pricing Guidelines.
In practice, this affects how related companies invoice goods and services to each other, management fees, intra-group interest and royalties. Where the pricing is not supported by documentation, ANAF can adjust the taxable profit using its own method — which is why a defensible transfer pricing file matters before an audit, not after.
This page focuses on Romania specifically. For the wider cross-border picture — residence, permanent establishment and double-taxation treaties — see international taxation.
Large taxpayers prepare the transfer pricing file annually, by the corporate income tax return deadline. Medium and other taxpayers prepare it on request from ANAF — but all related-party transactions must still be at arm’s length.
For non-large taxpayers, documentation is triggered when annual related-party transactions (excluding VAT) exceed roughly EUR 100,000 for goods, EUR 50,000 for services, and EUR 50,000 for intra-group interest.
When ANAF requests the file, taxpayers typically have 10 calendar days to provide it, extendable up to 30–60 days in specific situations.
A missing, late or incomplete file can lead to fines and, more significantly, to profit adjustments and additional tax calculated by ANAF on its own analysis.
An APA fixes the methodology with ANAF in advance, binding for up to five years — certainty for material or long-term intra-group arrangements.
Where an adjustment is proposed, the contest is technical: comparables, method selection and the economic reality of the transactions. This is where a forensic reading of the file changes the outcome.
I prepare and review transfer pricing documentation, test the pricing policy against the arm’s-length standard, and assist in front of ANAF when adjustments are proposed — reading the calculation as a forensic tax expert, not only as an adviser. Where a dispute reaches litigation, representation is provided through Cabinet de avocat Mihai Guran (Brașov Bar), within which I practise as a collaborating attorney.
Large taxpayers with related-party transactions above the annual thresholds must prepare the file every year, by the corporate income tax return deadline. Medium and other taxpayers prepare it on request from ANAF — but all related-party transactions must still be priced at arm’s length.
For non-large taxpayers, annual related-party transactions (excluding VAT) trigger documentation above roughly EUR 100,000 for goods, EUR 50,000 for services, and EUR 50,000 for intra-group interest.
Typically 10 calendar days from the request, extendable up to 30–60 days in specific situations. Missing or late documentation can lead to fines and to profit adjustments based on the authority’s own analysis.
A binding agreement with ANAF on the transfer pricing methodology for future transactions, valid for up to five years — it provides certainty and reduces the risk of later adjustments and disputes.
An initial review clarifies your documentation obligations, the exposure to adjustments and the available solutions — from preparing the file to defending it.