Global minimum tax payable by large groups of companies enters into force

Law 431/2023 on ensuring a global minimum level of taxation of large multinational and national enterprise groups ("Law 431") was published in the Official Journal of Romania No. 8/2024 and entered into force on 8 January 2024. The legislation transposes into national law the provisions of Directive 2523/2022 on ensuring a minimum level of taxation ("Directive 2523"), which incorporates the guidelines of the second pillar of the "Global Anti-Base Erosion Model Rules" (hereafter referred to as the "GloBE Rules") issued by the OECD/G20 Inclusive Framework on BEPS, as well as the Administrative Guidelines on the GloBE Rules.

Background

In an ongoing effort to address aggressive tax treatments applied by multinational groups of companies that may result from the non-taxation of profits where value is created, since 2015 the OECD has developed a series of 15 actions aimed at discouraging such aggressive tax treatments (BEPS Actions). These have led to the adoption of tangible measures in international taxation in subsequent periods, such as the amendments to the EU Directive 16/2011 on administrative cooperation (the Directive that introduced CRS rules, reporting under DAC6, DAC7, etc.).