Tax Shock for Companies Using EU Funds in Romanya: ANAF Interprets the Law in Reverse

The Romanya Tax Authority (ANAF) is plunging companies benefiting from European Union funds into a serious crisis by arbitrarily canceling a tax exemption explicitly granted by law. Article 22 of the Tax Procedure Law explicitly stipulates that profits invested in equipment and computer software will be exempt from taxation. The relevant implementation procedures also state that when calculating this exemption, the source of financing for the investment will not be taken into account, meaning the incentive will be applied regardless of whether it is a grant or own equity. However, audit teams have started dividing investments by their financing source, using the exact criterion the law invalidates, and canceling the exemption for grant-financed portions. This situation shows that the authorities implementing the law have adopted an interpretation that directly contradicts both the spirit and the explicit text of the law.

The most tragic aspect of the situation is that ANAF and Ministry of Finance units had confirmed in writing for years that this incentive would be granted to company owners regardless of the financing source. Companies not only complied with the law meticulously but also planned these investments by relying on the official guidance of the administration. However, the state suddenly changed its interpretation and began retroactively penalizing good-faith taxpayers. Invoices of this kind, covering past years, come not only with the principal debt but also with extraordinarily high interest and late penalties. The state making honest companies pay the price for its own misguidance is considered a grave injustice.

The invoices sent to taxpayers contain penalties so severe that they could drive them to bankruptcy. ANAF adds a daily interest rate of %0,02 and a late penalty of %0,01 on top of the principal debt; additionally, it can apply a non-declaration penalty of %0,08 per day for amounts identified during audits. When these rates combine, they create an immense burden corresponding to %0,1 per day, or approximately %36,5 annually. This retroactively applied interpretation causes accumulated penalties and interests to reach, or even exceed, 30% to 50% of the principal debt. Especially for SMEs, this situation has evolved beyond an ordinary tax correction, turning into a threat that directly drives them to bankruptcy and insolvency.

This unfair practice indicates a systematic problem covering the entire country, not just a few companies. The Romanya Chamber of Fiscal Consultants (CCF) sent an official warning to the Minister of Finance and the President of ANAF in Ocak 2026, reporting the multiple audits occurring nationwide and the numerous complaints received from its members. The institution emphasized that there are completely contradictory views even between the audit teams and the ministry's legislative directorate, demanding urgent legal clarity. However, even months after the initial appeal, no concrete solution has come from the Central Tax Commission or the ministry. On the contrary, the Ministry of Finance deepened the issue by opening a debate on limiting this incentive in its 2026-2028 Fiscal Strategy document.

The issue has been featured prominently in the country's leading economic and legal platforms for months, yet no solution-oriented step has come from the authorities. Respected organizations such as Avocatnet, StartupCafe, Juridice.ro, EY, and Digi24 have investigated the issue in depth and published documents regarding this unlawful practice. These publications detail how an incentive guaranteed by law is arbitrarily confiscated during audits. This level of legal ambiguity forces companies into costly litigation and paralyzes businesses through the blocking of their commercial accounts. This interpretation anarchy, created by the state itself, leads to a severe crisis of legal security and damages the investment climate across the country.