Transfer pricing documentation applicable to intra-group transactions
We would like to inform you about some important changes brought by ANAF Order no. 828/2026 regarding transfer pricing documentation, applicable to intra-group transactions carried out starting with 2026.
The new order replaces the current framework regulated by ANAF Order no. 442/2016 and aligns Romanian legislation with the OECD Guidelines, introducing both new obligations and significant changes regarding the transfer pricing file.
We will continue to present the main aspects that we wish to bring to your attention:
For large taxpayers
- The obligation to submit the annual transfer pricing file in electronic format via SPV, under the signature of the taxpayer’s legal representative or his authorized representative, within 30 working days from the legal deadline for submitting the annual corporate tax return (for taxpayers with a fiscal year = calendar year, the first submission will concern the file for 2026 with a deadline of August 6, 2027).
- Failure to submit the file may entail additional risks and the initiation of a tax audit in which the file must be submitted within 5 working days.
- Materiality thresholds for transactions carried out with each affiliated party:
a. 100,000 euros (excluding VAT) – transactions that generate income/expenses from the provision/purchase of services;
b. 200,000 euros (excluding VAT) – financing transactions that generate income/expenses from interest;
c. 250,000 euros (excluding VAT) – transactions that generate income/expenses from the sale/purchase of intangible assets, as well as expenses that generate payments of a royalty nature or income from royalties;
d. 350,000 euros (excluding VAT) – transactions that generate income/expenses from the sale/purchase of tangible assets.
- Insertion of a self-declaration, signed by the legal representative, regarding the reality and correctness of the information contained in the file. Responsibility lies with the taxpayer, including when the documentation is prepared by the group or by external consultants.
- New requirements regarding the structure and content of the dossier, including standardized reporting of intra-group transactions through an Excel attachment.
- The need for the Master File and group documentation to be available in a much shorter time frame for use within the dossier.
For medium and small taxpayers
The Order introduces relevant changes that must be taken into account as early as 2026:
- Redefinition of materiality thresholds, which are analyzed differently from previous regulations:
a. 50,000 euros (excluding VAT) – transactions that generate income or expenses from the provision or purchase of services;
b. 100,000 euros (excluding VAT) – financing transactions that generate income or expenses from interest;
c. 150,000 euros (excluding VAT) – transactions that generate income or expenses from the sale or purchase of intangible assets, as well as expenses that generate payments in the nature of royalties or income from royalties;
d. 200,000 euros (excluding VAT) – transactions that generate income or expenses from the sale or purchase of tangible assets.
- The thresholds are verified for each affiliated person and for each category of transaction, not at the aggregate level of all transactions with affiliates.
- Services and goods must be analyzed and reported in distinct categories (for example: management, IT, marketing, HR, legal services, logistics, research and development, etc.).
- At the request of the tax authority, within a tax audit, the submission deadline is 30-60 working days, with the possibility of a single extension of a maximum of 30 working days.
Taxpayers who do not fall within the materiality thresholds are not required to prepare the transfer pricing file.
However, ANAF may request the preparation and submission of the file within a tax audit, to the extent that the tax risk analysis carried out by the tax authority justifies such a request.
The file must be submitted within 30 working days from the communication of the request, with the possibility of a single extension of a maximum of 30 working days.
Our recommendations
Based on practical experience and the new requirements, we recommend that taxpayers start preparing for the new framework early by:
- Reviewing the way in which intra-group transactions are identified and classified, so that there is a correlation between the transfer pricing file, accounting records and financial statements, and in case there are differences from the statutory financial statements, these will be justified.
- verifying the classification of each transaction into the new categories provided for by the Order. Services are reported separately by categories: management, marketing, information technology (IT), legal, human resources (HR), logistics, research and development (R&D), etc., and goods are reported separately by categories: goods, raw materials, finished products, equipment, etc.
- Initiate discussions with the Group regarding the new requirements and establish a schedule for the provision of the Master File and the information necessary to support the documentation at the local level;
- For services received from non-resident affiliates, the new requirements require documentation of the cost base used and the margin actually applied, not just demonstrating that it falls within the market range. We recommend initiating discussions with the Group in advance to obtain the necessary supporting documentation;
- Implement internal procedures for collecting, validating and approving information, taking into account the self-declaration;
- Plan in advance the translation into Romanian of relevant documents (Master File, contracts, etc.).
Given the amendments introduced by Order no. 828/2026, we recommend conducting a preliminary analysis of intra-group transactions for the year 2026 in order to identify in advance any implications regarding documentation obligations and additional information that will need to be collected.
If you would like to discuss the concrete impact on your company or have any questions regarding the application of Order No. 828/2026, we are happy to assist you.
Diana Vlad is the Transfer Pricing Manager at PKF Finconta. She graduated from the Faculty of Mathematics and Informatics, University of Bucharest, in 2007 and the Faculty of Economics and Business Administration, “Nicolae Titulescu” University of Bucharest, in 2021, as well as a Master in Applied Sciences, from Politehnica University of Bucharest.
