Romania: New advance pricing agreement rules

Order No. 827/2026, published in the Official Journal of Romania No. 543 (July 2, 2026) introduces a revised framework governing the issuance and amendment of advance pricing agreements (APAs) in Romania.

An APA is a mechanism through which taxpayers may obtain confirmation from the Romanian tax authorities of the transfer pricing methodology applicable to controlled transactions. The new procedure applies to APA applications submitted after the order became effective, while applications filed before this date continue to be governed by the rules applicable at the time of submission. The provisions are interpreted in conjunction with the OECD Transfer Pricing Guidelines.

The new rules provide for:

• Amendment of existing APAs: Modification of an APA upon written request through extension of validity, expansion of scope, or revision of terms, which is particularly relevant when economic, operational, or legal circumstances have changed since the issuance of the original APA
• Application and supporting documentation: Detailed guidance on the content of requests and documentation, which must enable tax authorities to understand the transactions, related parties, methodology, and economic analysis, and include a declaration that no ongoing administrative procedure is being conducted
• Expanded transfer pricing documentation requirements: Comprehensive documentation requirements regarding the transaction, corporate group, taxpayer, functional analysis, transfer pricing method, and benchmarking study, including additional documentation when a non-Romanian taxpayer is selected as the tested party
• Roll-back to prior tax years: Possibility for an APA to produce effects for prior tax years, subject to certain conditions, allowing the extension of the APA's validity to a preceding period when transactions, economic circumstances, and critical assumptions remain comparable

Applications and supporting documentation may be submitted electronically through the Romanian Virtual Private Space (SPV) or by post.

Read a July 2026 report prepared by the KPMG member firm in Romania