New rules regarding transfer pricing documentation: ANAF Order no. 828/2026

Order no. 828/2026 entirely replaces Order no. 442/2016 and introduces the most extensive revision of the rules on transfer pricing documentation in recent years.

The new rules will apply to transactions carried out as of 1 January 2026 as well as to tax administration procedures initiated as of 1 January 2027.

We present the most impactful changes below: 

• Thresholds and documentation requirements

A significant change introduced by Order no. 828/2026 concerns the way the materiality thresholds are applied, as these will be analysed separately for each affiliated party and for each category of transaction. In addition, the Order revises the thresholds applicable to large taxpayers and small and medium-sized taxpayers, as follows:

Large taxpayers

• EUR 100,000 for service transactions (as compared to EUR 250,000 under the previous regulation)
• EUR 200,000 for financing transactions generating interest income or interest expenses
• EUR 250,000 for transactions involving intangible assets, including royalties
• EUR 350,000 for transactions involving tangible assets (threshold maintained)

Small and medium-sized taxpayers

• EUR 50,000 for service transactions (threshold maintained)
• EUR 100,000 for financing transactions generating interest income or interest expenses (as compared to EUR 50,000 previously)
• EUR 150,000 for transactions involving intangible assets, including royalties
• EUR 200,000 for transactions involving tangible assets

• Annual submission of the transfer pricing file via the SPV platform

For large taxpayers whose transactions with affiliated parties exceed the materiality thresholds provided for by Order no. 828/2026, a new obligation is introduced requiring annual submission of the transfer pricing file electronically via the SPV (Virtual Private Space) platform within 30 working days of the legal deadline for the submission of annual corporate income tax return. This means that for large taxpayers, not only must the transfer pricing file be prepared annually, but there is now a new obligation to proactively submit the file via the SPV platform, without waiting for a request from the tax authority.

If the transfer pricing file is not submitted via the SPV platform, it may later be requested during a tax audit, in which case the taxpayer will have a maximum of 5 working days to provide the documentation.

For small and medium-sized taxpayers, the obligation to prepare and submit the transfer pricing file only upon request of the tax authority, as part of a tax audit, remains unchanged. However, the Order amends the deadlines for submitting the documentation, which now range between 30 and 60 working days from the date of communication of the request, with the previous deadlines being expressed in calendar days. In addition, a deadline may be extended only once, upon the taxpayer’s justified request, and by no more than 30 working days.

• Changes to the content of the transfer pricing file

The Order also introduces significant changes regarding to the content of the transfer pricing file and places considerably greater emphasis on documenting the taxpayer’s functional profile and the information on which the transfer pricing analysis is based.

In this regard, the new provisions expand the information that must be included in the file and place greater importance on justifying the selection of the tested party. Where the tested party is not the taxpayer preparing the documentation, the taxpayer must make available the information used to calculate the profitability indicator, optionally including a report issued by an independent auditor certifying its existence, amount and accuracy for each fiscal year under review.

Furthermore, the Order introduces the obligation to include a signed declaration certifying the truthfulness and accuracy of the information presented in the file and requires the identification of sensitive information that could lead to the disclosure of commercial, industrial or professional secrets.

Comparability studies

Important changes are also introduced with respect to the preparation of comparability studies, aiming to increase the transparency of the comparable selection process and facilitate the review of the analysis by the tax authorities.

Regarding the selection of geographic criteria, the Order stipulates that, where the tested party is not a taxpayer that is fiscally resident in Romania, the comparability analysis must be carried out based on comparables identified in the jurisdiction where the tested party is a tax resident.

In addition, detailed requirements are introduced regarding the documentation of both the companies included in the set of comparables and those eliminated during the selection process.

Last but not least, clearer rules are introduced regarding the use of multi-year analyses. Consequently, 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 preparation of the file. Where justified, the analysis may include a three-year period that also covers the year in which the file is prepared, depending on the availability of information in the commercial databases used.

Source: Order no. 828/2026 on the value thresholds for transactions, deadlines for preparation, content and conditions for requesting the transfer pricing documentation file, and the procedure for the adjustment/estimation of transfer prices, as published on 2 July 2026