Romania heightens TP documentation scrutiny for multinationals

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Romania heightens TP documentation scrutiny for multinationals

Sponsored by

EY_Logo_Beam_STFWC_Horizontal_Large_RGB_OffBlack_Yellow_EN.gif
intl-updates-small.jpg

In January 2019, Romania's General Antifraud Directorate (DGAF) initiated a significant number of operative controls regarding transfer pricing (TP) documentation.

As a result of these operative anti-fraud control initiatives, the National Administration of Fiscal Administration (NAFA) announced in the same month that they will perform an extensive audit of the largest companies based in Romania, in all areas of activity.

Operation Iceberg

In its communication, the NAFA stated that the main object of Operation Iceberg is:

"Combatting profit externalisation, verifying the way in which large companies manage the economic relationship between companies in their group and dismantling transactional chains organised for the purpose of evading tax obligations by identifying and instrumenting tax fraud phenomena with significant negative implications on the state budget."

Following the risk evaluation, the NAFA noted that it has already initiated the tax audit at 80 taxpayers, with an estimated risk value of approximately €60 million ($67 million).

Transfer pricing adjustments

This comes as no surprise, as the regular practice of the DGAF during operative anti-fraud controls is to request transfer pricing (TP) documentation, even if the entitlement for requesting such documentation during an anti-fraud control is questioned.

Thus, it can be concluded that Operation Iceberg represents a mechanism by the tax authorities to perform significant TP adjustments.

Nevertheless, even if the recent tax audits are based on the risk evaluation resulting from anti-fraud operative controls, we can now expect the commencement of new tax audits that are based on the internal risk evaluation performed by specially designated tax inspectors from the NAFA.

Given the tendency of the NAFA to criminalise the failure of taxpayers to comply with Romanian tax legislation, Operation Iceberg will also "identify and instrument the phenomena of tax fraud".

It will also minimise the "significant negative implications on the state budget", because non-compliance with TP regulations usually translate into significant additional tax liabilities for the taxpayer.

It is expected that in the following months, the NAFA will increase tax audits to verify intra-group transactions because the tax authorities target is to verify a total of 487 large and medium-sized taxpayers in 2019.

more across site & shared bottom lb ros

More from across our site

The deal to acquire ITR's parent company is expected to complete by the end of May 2025
JBS, the biggest meat company in the world, allegedly used Luxembourgian ‘mailbox companies’ to avoid taxes between 2019 and 2022
Despite the conviction of Jessa Dabalos, the Tax Practitioners’ Board’s investigative work continues with five outstanding PwC scandal probes
Heads of tax need to push their teams forward as strategic business advisers to add value across their organisations, says Sandy Markwick
Scott Bessent reportedly felt undermined by Musk naming Gary Shapley as acting IRS commissioner; in other news, Baker Tilly will combine with a top 15 US firm
The promise of nine years’ tax certainty and a ‘rational and pragmatic’ government process makes APAs a no-brainer, Indian tax advisers tell ITR
Despite garnering significant revenues from multinationals, Italy’s digital services tax presents pressing double taxation issues, say Stefano Simontacchi and Francesco Saverio Scandone of BonelliErede
ITR’s research shows that in-house tax counsel in Asia also feel underserved by their advisers’ international networks
World Tax global head of research Jon Moore tells ITR how his team spots standout submissions, and gives early statistical insights into this year’s entries
Australia’s conservative opposition will repeal controversial tax agent reporting rules if elected in the country’s May general election
Gift this article