Romania: Tax incentives introduced in 2014

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

Romania: Tax incentives introduced in 2014

sincu.jpg

Gabriel Sincu

The Romanian economy has a great need for new investments to fulfil its huge growth potential. Whether direct or indirect, foreign or domestic, private or public, investments are key elements in the race to recover the economic gap existing between Romania and the western European countries. With this in mind, the Romanian authorities introduced in 2014 two sets of rules with the clear goal of increasing investment levels and making the country more attractive for new and existing players in the economy.

Tax exemption for capital gain and dividends

Starting January 1 2014, revenues from the sale of shares and from dividends received by Romanian companies are not taxable providing two conditions are met: the beneficiary of revenues is holding at least 10% of the shares in the company from which the revenues are derived; and the participation is held for an uninterrupted period of at least one year. Moreover, the facility is also available for revenues obtained from Romania by foreign companies registered in countries that have concluded double taxation treaties with Romania. In this context, it is worth mentioning that the new regulations offer interesting tax planning opportunities, considering that Romania has an extended network of double taxation treaties concluded with 84 countries around the world and that some of these treaties provides for advantageous tax treatments for investors.

There is one more element required to make this incentive fully operational in the Romanian economy: the tax ruling mechanism and procedures must be improved by the tax authorities, because for the time being there are still deficiencies in the system. As long as this is solved, the holding regulations (as they are known by the business environment) shall start showing their benefits towards investors.

Tax exemption for reinvested profits

For companies operating in Romania, a new facility has been available starting July 1 2014: the profits which are reinvested in new non-current assets falling under the category of industrial equipment are exempt from corporate income tax. The equipment acquired using this incentive has to be kept and used by the company for a period representing half of the useful life of each asset (but not more than five years).

From an accounting perspective, the reinvested profit has to be "frozen" in a reserve account and cannot be distributed as dividends. When the management of the company decides to distribute this profit the corporate income tax is due to the tax authorities. However, no interest or penalties for late payment are due.

It is worth mentioning that the tax exemption for reinvested profits is applicable only for the profits obtained by Romanian companies by December 31 2016. Hence, those interested in making use of this facility must consider this constraint.

Gabriel Sincu (gabriel.sincu@ro.ey.com)

EY Romania

Tel: +40 21 402 4000

Website: www.ey.com/ro

more across site & shared bottom lb ros

More from across our site

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article