New rules on the procedure for issuing and amending advance pricing agreements

ANAF Order no. 827/2026, published on 2 July 2026, approves the new procedure for the issuing and amendment of advance pricing agreements (APAs), as well as the content of the application and the supporting documentation. The new provisions apply to applications submitted after the Order enters into force, while those already submitted remain subject to the regulations in place on the date of submission.

The most significant change introduced by this Order is the express regulation of the rollback mechanism, which allows the effects of an APA to be extended to prior periods covering up to five closed fiscal years. However, it is important to note that an agreement cannot be requested exclusively for a prior period but only as part of an APA application covering a future period.

Retroactive application is possible only within the applicable statute of limitations, provided the transactions from the prior periods were carried out under conditions similar to those analysed under the APA and that the requirements laid down by the Order are met. In addition, this facility is not available for periods that have already been subject to a corporate income tax audit concluded through the issuance of a tax inspection report.

The Order also reformulates and makes more transparent the grounds for rejection, while the documentation required to obtain an APA is significantly more detailed and aligned with OECD standards.

Comparability study

Detailed requirements are also introduced for the preparation of the comparability study.  As a first step, the comparability analysis will follow a clear geographic hierarchy, determined by the tax residence of the tested party.

Moreover, clearer rules are also introduced in this area regarding the use of multi-year analyses. Accordingly, where the comparability study is based on multi-year data, it must cover a period of at least three fiscal years, as a rule the three years preceding the year in which the file is prepared. Where justified, the analysis may cover a three-year period that also includes the year in which the file is prepared, depending on the availability of information in the commercial databases used.

Bilateral and multilateral APAs

The procedure clarifies interaction with foreign tax authorities and introduces greater flexibility:

• bilateral/multilateral applications may be converted into unilateral applications during the procedure
• an APA may only be issued or rejected after consultation with the relevant authorities;
• in the event of an amendment or termination, consultations between the tax administrations become necessary

Annual APA monitoring

Taxpayers benefiting from an advance pricing agreement are required to submit to the tax authority a report on the compliance with the terms and conditions underlying the issuance of the agreement depends.

• For APAs covering future transactions – the report must be submitted annually, for each fiscal year included in the validity period of the agreement, by the deadline provided for in law

• For APAs applying to prior periods (rollback) – the report must be submitted within 90 business days of communication of the approval order and must be prepared for each fiscal year covered by the agreement.

Source: Order no. 827/2026 of the President of the National Agency for Fiscal Administration approving the Procedure for Issuing and Amending Advance Pricing Agreements, as well as the content of the application for the issuance and amendment of advance pricing agreements, as published on 2 July 2026