Reporting of Crypto-Asset Transactions – Transposition of DAC 8 – GEO no. 71/2025 amending and supplementing the Fiscal Procedure Code

The takeaway

Through Government Emergency Ordinance (GEO) no. 71/2025, Romania has transposed European Directive no. 2226/2023, known as “DAC8”, which regulates crypto-asset transactions and aligns the national legislation with Organisation for Economic Co-operation and Development and EU standards.

The first reporting will cover the year 2026 and be submitted in 2027, when crypto platforms will transmit accurate and complete information regarding users’ crypto-asset transactions to the National Agency for Fiscal Administration (ANAF).

In detail

According to GEO no. 71/2025, the scope of the notion of cross-border transactions is clarified in the context of permanent establishments and tax residence, and the concept of systematic communication between states is redefined, together with an extension of the terms used in the automatic exchange of information.

As the categories of reportable income and capital are expanded, ANAF is required to select at least five categories of income for the automatic exchange of information by 1 January 2026.

Persons/entities subject to reporting

The reporting obligation applies to crypto-asset service providers and crypto-asset operators.

According to the law, a “crypto-asset service provider”, within the meaning of Article 3(1)(15) of Regulation (EU) 2023/1114, is a legal person or other undertaking whose occupation or activity is the professional provision of one or more crypto-asset services to clients and is authorized to provide crypto-asset services. A “crypto-asset operator” means a crypto-asset service provider that does not qualify as a crypto-asset service provider.

Types of information to be reported by crypto-asset service providers about their users

In the case of a reportable individual: 
Name, address, Member State(s) / jurisdiction(s) of residence, tax identification number(s) (TIN), date and place of birth.

In the case of a reportable entity, which, following the application of due diligence procedures, is identified as having one or more controlling persons who are reportable individuals:

• Name, address, Member State(s) / jurisdiction(s) of residence and the entity’s TIN;

• Name, address, Member State(s) / jurisdiction(s) of residence, TIN, date and place of birth of each controlling person who is a reportable individual;

• The role(s) under which each such individual qualifies as a controlling person of the entity.

For each type of crypto-asset subject to reporting for which the reporting crypto-asset service provider carried out reportable transactions:

• Full name of the crypto-asset type;

• Aggregate gross amount paid, aggregate number of units and number of reportable transactions in the context of acquisitions in exchange for fiat currency;

• Aggregate gross amount received, aggregate number of units and number of reportable transactions in the context of sales in exchange for fiat currency;

• Aggregate fair market value, aggregate number of units and number of transactions;

• Aggregate fair market value, aggregate number of units and number of reportable retail payment transactions;

• Aggregate fair market value, aggregate number of units and number of reportable transactions, broken down by type of transfer, where such information is known to the reporting crypto-asset service provider.

Reporting deadline

The new obligations apply to transactions carried out starting with 1 January 2026, and the first reporting deadline is 15 March 2027, for transactions performed in 2026.

Penalties

Failure to comply with reporting obligations, incorrect reporting, failure to register or obstruction of ANAF audits is punishable with fines ranging from RON 20,000 to RON 150,000.

The exchanged information may be used not only for taxation purposes but also for combating money laundering and terrorist financing.

Responsibilities regarding data protection in accordance with General Data Protection Regulation have been clarified for all involved actors (financial institutions, platforms, and crypto providers).

The reporting procedures for reporting financial institutions are updated to include crypto-assets and digital currencies, and passive income has been redefined.

An “Identification Service” is introduced for platform operators.

For details regarding reporting deadlines, the PwC team is available to assist and guide you in the timely submission of information.

Source: [Government Emergency Ordinance no. 71/2025 amending and supplementing Law no. 207/2015 on the Fiscal Procedure Code, published in the Official Gazette no. 1146 dated 10 December 2025]