Fiscal amendments adopted by the Government: Emergency Ordinance no. 156/2024

The takeaway 

The Romanian Government has adopted Emergency Ordinance no. 156/2024 (GEO no. 156/2024, the Train Ordinance), which introduces new measures for fiscal consolidation and combating tax evasion.

We present below the main amendments brought by GEO no. 156/2024.

In detail 

Fiscal Code 

Title II Corporate income tax 

Dividend tax 

For dividends distributed as of 1 January 2025, the dividend tax rate has been increased from 8% to 10%. 

For dividends distributed based on interim financial statements prepared during the year 2024 or an amended fiscal year starting in 2024, the dividend tax rate is 8%, without recalculation of the tax on the respective dividends, after their regularisation based on the annual financial statements for the financial year 2024 or amended fiscal year starting in 2024. 

Title III Tax on microenterprise income 

As of 1 January 2025, the income ceiling used for classifying a Romanian legal entity as a microenterprise has been reduced from EUR 500,000 to EUR 250,000. This ceiling will be further reduced to EUR 100,000 as of 1 January 2026. 

For classification in the microenterprise category, the condition of generating income from other than consultancy and/or management in a proportion of over 80% of the total income has been eliminated. 

As of 1 January 2025, the list of CAEN codes has been expanded. As a result, the 3% tax on microenterprise income now also applies to microenterprises that carry out main or secondary activities corresponding to CAEN codes 6210 — Custom software development activities (customer-oriented software), 6290 — Other information technology service activities, 5611 — Restaurants, 5612 — Mobile food service activities and 5622 — Other food service activities

Titles IV and V – Income tax and social contributions

• Elimination of tax facilities applicable to employees in the construction sector, the agricultural sector, the food industry and the computer software development sector 

Starting with the incomes in January 2025, the tax facilities regarding the exemption from paying income tax and contributions to privately administered pension funds for employees in software development, construction and agri-food sectors, applicable in the past for gross monthly incomes of up to RON 10,000 inclusive, have been eliminated. 

• Exemption from income tax and social contributions of RON 300/month for certain categories of employees 

As of 1 January 2025, for employees who carry out activities under an individual full-time employment contract at the place where they have their main function, no income tax is due and the amount of RON 300/month is not included in the monthly calculation base for mandatory social contributions, representing income from and treated as salaries if the following conditions are all met: 

• The monthly gross basic salary established according to the individual employment contract, without including bonuses and other additions, is equal to the national minimum gross monthly salary, as established by Government decision, in force for the month to which the income relates. (The condition is not considered fulfilled if, in the period between the date of entry into force of GEO no. 156/2024 and 31 December 2025, the level of the national minimum gross monthly salary established according to the individual employment contract, without including bonuses and other additions, is reduced.) 

• The gross income from salaries and wages treated as salaries, without including the value of meal vouchers, vacation vouchers or food allowance granted under the same individual employment contract, for the same month, does not exceed RON 4,300. 

These provisions apply to income related to the months of January–December 2025 inclusive. 

• Tax on dividends distributed to individuals

The tax on dividends distributed to individuals after 1 January 2025 has been increased from 8% to 10%, with the same rate being applicable to gains obtained by individuals from holding participation titles in collective investment undertakings. 

For dividends distributed based on interim financial statements prepared during the year 2024 or an amended fiscal year beginning in 2024, the dividend tax rate is 8%, without recalculation of the tax on the respective dividends, after their regularisation based on the annual financial statements for the financial year 2024 or amended fiscal year beginning in 2024. 

Title IV – Tax on income obtained in Romania by non-residents 

For dividends distributed as of 1 January 2025 by a Romanian resident to a non-resident, the dividend tax rate has been increased from 8% to 10%. 

Title X – Tax construction 

The construction tax has been reinstated as of 1 January 2025, with the following changes: 

• The construction tax is calculated by applying a 1% rate to the value of the existing constructions owned by the taxpayer as at 31 December of the previous year, from which the value of the buildings for which building tax is due is deducted according to the provisions of Title IX of the Fiscal Code. The value of buildings in industrial, scientific and technological parks that do not benefit from the exemption from paying the building tax is also subject to these provisions. 

• For constructions of the public/private domain of the state or administrative-territorial units, the tax is owed by taxpayers which have them under administration / concession / use for free / rent. 

The rules for applying the construction tax will be published within 90 days as of the entry into force of GEO no. 156/2024. The construction tax is paid in two equal instalments by 30 June and 31 October, respectively.

National minimum gross monthly salary 

As of 1 January 2025, the national minimum gross monthly salary, without including allowances, bonuses and other allowances, for a normal work schedule on average of 165.33 hours per month, is: 

• RON 4,582 per month, for the construction sector, representing an average of RON 27,714/hour; 

• RON 4,050 per month, for the agricultural sector and the food industry, representing an average of RON 24,496/hour. 

Source: [Government Emergency Ordinance no. 156/2024 on some fiscal-budgetary measures in the field of public expenditure for the substantiation of the general consolidated budget for 2025, for amending and completing some normative acts, as well as for the extension of some deadlines, published in the Official Gazette no. 1334 dated 31 December 2024]