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July 2026 – Order 827/2026 issued by Romania’s National Agency for Fiscal Administration (ANAF) approves a new procedure—including detailed application requirements—for issuing and amending Advance Pricing Agreements (APAs). Key changes include the introduction of an optional pre-filing discussion, a formal right to comment on the draft APA, and a rollback mechanism allowing certain past periods to be covered.
1. Structure of the new APA process
Order 827/2026 sets out a clear lifecycle: an optional preliminary discussion; filing of the application; a 60-working-day period for the taxpayer to respond to ANAF's clarification requests (during which the issuance term is suspended); a draft APA issued to the taxpayer for comments (60 working days); and finally issuance or rejection by order of the ANAF president. A taxpayer who disagrees with the APA decision can notify ANAF within 30 days, during which the APA has no legal effect.
2. Future vs. past periods
If an APA covers a transaction already under way, it may be rolled back to cover up to five previously closed fiscal years, provided that the earlier transaction is sufficiently similar and not already covered by a finalised corporate income tax audit.
3. Grounds for rejection
- Incomplete file, not submitted within the 60-working-day window;
- Renewal/extension/revision request filed less than 30 days before expiry;
- Inaccurate or concealed information;
- Request falls outside the scope of Art. 52 of the Fiscal Procedure Code.
4. Duration & validity
Maximum term: five years. Generally, one APA per transaction per affiliate, unless a multilateral contract covers several affiliates on identical terms. Validity may start from the filing year, at the taxpayer's request.
5. Annual monitoring report
Due by the CIT-return deadline, confirming the transfer pricing method, tested party, profitability indicator, and how the APA's "critical assumptions" held up. Failure to file annuls the APA for the following period.
6. Filing & fees
Filed electronically via Virtual Private Space or by post in three copies; foreign-language documents require authorised Romanian translations. Non-payment of the issuance/modification fee annuls the APA.
What to do next?
- Factor the preliminary-discussion option and the 60-working-day response windows into your APA timeline.
- If intra-group transactions pre-date a planned APA, assess rolling it back to up to five prior fiscal years.
- Existing APA holders: align the annual monitoring report with the new content requirements to avoid annulment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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