Romania heightens TP documentation scrutiny for multinationals

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 recent spree of firm mergers and acquisitions proves that geographic scale is the name of the game
The big four spin-off firm becomes Taxand’s second UK member; in other news, Haynes Boone launched a UK tax practice
Stephanie Pantelidaki’s economic expertise will give Norton Rose Fulbright’s other teams ‘extra firepower,’ she says
Mada has opened simultaneously in Paris and Dubai with an eight-lawyer team from Trinity International
PwC will continue to provide indirect tax services as part of the deal; in other news, the CJEU addressed the VAT treatment of TP adjustments
The arrival of Renan Ozturk and his team from A&M Tax introduces a unique proposition within the Middle East legal market, the firm said
The deal, reportedly worth $400m, will add Svalner Atlas’s 50-partner Nordic and Benelux presence to Ryan’s rapidly growing global footprint
The combined firm, which comprises over 1,400 lawyers, will boast robust tax practices in both the UK and US
Cascading tax reform, bullish foreign investment and vigorous TP audits have made Italy’s tax advisory market dynamic and stiffly competitive
As ITR data reveals that 2025 saw more than double the amount of private client hires than 2024, it seems firms are jostling for position
Gift this article