Transfer Pricing file: new rules 2026
On 2 July 2026, Order No. 828/2026 was published in the Official Gazette, introducing a new framework governing transaction value, preparation deadlines, documentation requirements, conditions for requesting the transfer pricing file, and the procedures for transfer pricing adjustments and estimations.
The new Order introduces several significant changes, including the requirement for large taxpayers to submit the transfer pricing documentation file electronically through the Virtual Private Space (SPV) within 30 working days following the statutory deadline for filing the annual corporate income tax return, for each fiscal year.
Taxpayers should note that some of the amendments will apply to related-party transactions carried out starting with 2026 and will be applicable to tax administration procedures initiated after 1 January 2027. Accordingly, the previous Order No. 442 will continue to apply to certain procedures, meaning that the two Orders will coexist during an initial transition period.
Order No. 828/2026, published in the Official Gazette of Romania, is available here (in Romanian).
Below, we summarize the key amendments with an immediate impact on taxpayers, focusing on those aspects that are of practical relevance to the widest range of taxpayers.
1. Mandatory annual submission for large taxpayers.
Large taxpayers will no longer prepare the transfer pricing file and wait for a request from the tax inspectors. Instead, they must submit the transfer pricing documentation file electronically through the Virtual Private Space (SPV) within 30 working days following the statutory deadline for filing the annual corporate income tax return, for each fiscal year.
Where the transfer pricing file has not been submitted through the SPV, the taxpayer will be required to provide it within a maximum of five working days from the date of a request issued by tax inspectors during a tax audit.
2. Revised materiality thresholds aligned with risk assessment criteria
The Order significantly revises the transaction value thresholds triggering the transfer pricing documentation requirement, applicable for both large taxpayers as well as small and medium-sized taxpayers.
Large taxpayers:
- Services: EUR 100,000 (down from the current EUR 250,000)
- Financing / interest: EUR 200,000
- Intangible assets / royalties: EUR 250,000 (replacing the current general threshold applicable to tangible and intangible assets)
- Tangible assets: EUR 350,000
Small and medium-sized taxpayers:
- Services: EUR 50,000
- Financing / interest: EUR 100,000 (up from the current EUR 50,000)
- Intangible assets / royalties: EUR 150,000 (replacing the current general threshold applicable to tangible and intangible assets)
- Tangible assets: EUR 200,000 (up from the current EUR 100,000)
A key change is that the thresholds are assessed separately for each related party and each category of transaction, rather than by aggregating transactions with all related parties, as is currently the case.
3. Clarification of the Rules Governing Comparability Studies
The Order introduces a new geographical hierarchy for the search of comparable companies, differentiated according to the tested party. Where the tested party is located in Romania, taxpayers should look first for local comparables and, depending on the outcome of the analysis, progressively expand the search to the European Union (including the United Kingdom), the Europe, Middle East and Africa (EMEA) region and, subsequently, to the international level.
Where the tested party is not located in Romania, taxpayers should look first for comparables in the tested party’s jurisdiction of tax residence, followed by an expansion of the search to the geographical region to which that jurisdiction belongs and, subsequently, to the international level.
This gradual approach is aligned with the OECD Transfer Pricing Guidelines and is intended to reduce disputes arising from the use of exclusively local databases without taking into account the market relevant to the transaction.
4. Enhanced Transparency Requirements
Taxpayers are required to provide the annexes and supporting documents requested by tax inspectors in an editable format.
Where the tested party is an entity located outside Romania, the taxpayer may submit a report prepared by an independent auditor certifying the accuracy, amount and correctness of the calculation of the profitability indicator. Unlike the draft version released for public consultation, under which the submission of such a report was mandatory, the final version of Order No. 828 makes this requirement optional for taxpayers. This amendment is a welcome development, as it avoids an unnecessary increase in the documentation burden and compliance costs while providing taxpayers with an additional tool to support their transfer pricing analyses in an area that has frequently given rise to disputes during tax audits.
Taxpayers are required to provide specific information to support the review of comparability studies, including the search strategy applied, the justification for the selection criteria, the list of selected and rejected comparables, proof that the most recent data available was used, information on the database used, and other relevant supporting documentation.
5. Significant changes to the content requirements
The content requirements are aligned with the updated OECD Transfer Pricing Guidelines. They introduce a significant expansion of the documentation requirements, including the presentation of locally held strategic management positions, a description of the activities performed by each department within the organisational structure, pass-through costs, and specific elements related to functional analysis and functional profit, among others.
Practical consequences
The publication of Order No. 828/2026 marks an important milestone in updating the transfer pricing documentation framework and requires taxpayers to reassess their internal compliance processes.
In this context, it is advisable to initiate in due time the necessary steps to align with the new requirements, in particular with regard to information gathering, the preparation of comparability studies and the adaptation of internal processes. Such a proactive approach may help reduce compliance pressure and limit risks in the event of a tax audit.
Nowium transfer pricing team remains available to provide taxpayers with specialized support in interpreting and implementing the new requirements, as well as in preparing transfer pricing documentation files.
Article written by Raluca Mihăilă, Transfer Pricing & Tax Partner, Nowium Transfer Pricing
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