Note: Starting in 2026, Nowium Newsletters are published only in the web version (without PDF), in both Romanian and English.<\/p>\n
On 13 May 2026, ANAF published an official press release clarifying when and how it will verify compliance with the provisions introduced by Law No. 239\/2025 regarding the requirement for companies to maintain net assets at a minimum of 50% of share capital.<\/p>\n
The verification measures and sanctions will apply as follows:<\/p>\n
Companies which, according to the approved annual financial statements for 2025, have net assets below 50% of share capital:<\/p>\n
Companies which, according to the approved annual financial statements for 2025, have net assets below 50% of share capital must restore them by 31 December 2027.<\/p>\n
Companies with net assets below 50% of share capital, which have not restored them by 31 December 2027 and which have liabilities to shareholders arising from loans or other financing, are required to increase share capital by converting those receivables by 31 December 2029.<\/p>\n
Additional restrictions are introduced for companies distributing interim dividends:<\/p>\n
back to summary \u21d1<\/a><\/p>\n GEO 38\/2026 amends and complements several normative acts. Among these, we consider the following developments to be particularly relevant:<\/p>\n back to summary \u21d1<\/a><\/p>\n The law approves GEO No. 128\/2024 (the act through which the Fiscal Code was amended and complemented and specific digitalization measures were introduced) and brings a series of amendments to the national RO e-Invoice system, regulated by GEO No. 120\/2021, mainly targeting the B2C relationship, farmers applying the special scheme, suppliers\/service providers identified for tax purposes by personal numeric code, and the cultural institutes\/centres of other states.<\/p>\n The exceptions listed below are extended permanently; previously, they were applicable until 1 October 2025:<\/p>\n The exceptions listed below are extended permanently; previously, they were applicable until 1 October 2025:<\/p>\n back to summary \u21d1<\/a><\/p>\n The law approves GEO No. 91\/2025, which introduced, starting from 1 February 2026, the measure regarding non-payment of the first day of medical leave, and provides clarifications on the method of calculation of indemnities, as well as on the categories exempt from this rule.<\/p>\n back to summary \u21d1<\/a><\/p>\n The Order approves the procedure for the ex officio recalculation of the health insurance contribution (CASS), as well as the template and content of the new forms used by the tax authorities in this process. The Order applies starting from 18 May 2026, on which date ANAF Order No. 493\/2022, which previously regulated the same procedure, is repealed.<\/p>\n back to summary \u21d1<\/a><\/p>\n The Order updates and complements the nomenclature of payment obligations to the state budget by introducing a new line \u2013 line 116 \u201cSolidarity Contribution\u201d \u2013 and revises the filling instructions for Form 100.<\/p>\n
\nGovernment Emergency Ordinance No. 38\/2026 amending and complementing various normative acts \u2013 undue VAT refund risk criteria and excise duty measures (Official Gazette No. 393\/2026)<\/span><\/h2>\n
Summary<\/span><\/h3>\n
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Details<\/span><\/h3>\n
1. Risk of undue VAT refund (Article 169 of the Fiscal Procedure Code)<\/strong><\/span><\/h4>\n
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2. Excise duty measures (brief overview)<\/strong><\/span><\/h4>\n
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\nLaw No. 88\/2026 approving GEO No. 128\/2024 amending and complementing Law No. 227\/2015 on the Fiscal Code and introducing specific digitalization measures \u2013 amendments to the RO e-Invoice system (Official Gazette No. 459\/2026)<\/span><\/h2>\n
Summary<\/span><\/h3>\n
Details<\/span><\/h3>\n
1. Cultural institutes\/centres of other states (Article 10^5)<\/strong><\/span><\/h4>\n
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2. Farmers under the special scheme (Article 10^7)<\/strong><\/span><\/h4>\n
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3. RO e-Invoice Registers and deregistration from the registers (Article 10^8)<\/strong><\/span><\/h4>\n
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4. Suppliers identified for tax purposes by personal numeric code (Article 10^10)<\/strong><\/span><\/h4>\n
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5. Entry into force (Article IV)<\/strong><\/span><\/h4>\n
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\nLaw No. 64\/2026 approving GEO No. 91\/2025 on certain measures within the healthcare system \u2013 non-payment of the first day of medical leave and clarifications on indemnity calculation (Official Gazette No. 416\/2026)<\/span><\/h2>\n
Summary<\/span><\/h3>\n
Details<\/span><\/h3>\n
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\nOrder No. 603\/2026 approving the Procedure for the ex officio recalculation, by the tax authority, of the health insurance contribution, as well as the template and content of certain forms \u2013 CASS recalculation in case of death (Official Gazette No. 419\/2026)<\/span><\/h2>\n
Summary<\/span><\/h3>\n
Details<\/span><\/h3>\n
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\nOrder No. 602\/2026 amending and supplementing complementing ANAF President\u2019s Order No. 587\/2016 approving the template and content of the forms used for the declaration of taxes and duties assessed by self-assessment or withholding at sourcused to declare taxes and fees for self-taxation eor withholding tax regime \u2013 introduction of line 116 \u201cSolidarity Contribution\u201d (Official Gazette No. 416\/2026)<\/span><\/h2>\n
Summary<\/span><\/h3>\n
Details<\/span><\/h3>\n
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