ANAF may declare companies inactive if they fail to file their financial statements on time from 2026
From 1 January 2026, companies in Romania that fail to file their annual financial statements within a maximum of five months after the legal deadline will risk being declared fiscally inactive by the National Agency…
Todos & Company editorial team · EU funding consultancy since 2006
ANAF changes on declaring tax inactivity
From 1 January 2026, companies in Romania that do not file their annual financial statements within a maximum of five months of the legal deadline risk being declared tax-inactive by ANAF (National Agency for Fiscal Administration). This change follows amendments to the Fiscal Procedure Code and aims to increase tax compliance and streamline the monitoring of company activity.
Until now, failure to file financial statements was not automatically penalised by a declaration of inactivity. The legislative change introduces a much stricter measure, with a potentially significant impact on active companies, especially those with administrative or financial problems.
The context and impact of this measure on the business environment
In Romania, annual financial statements are key instruments for making economic activity transparent and for calculating tax obligations correctly. They include the balance sheet, the profit and loss account and other documents required by law. Filing these documents by the set deadlines is both a legal obligation and a condition for access to various facilities and funding.
Late or missed filing can raise questions about the company's real situation, particularly as public data must accurately reflect its financial performance. Being declared tax-inactive can harm the company's image, its access to public contracts and its relationships with business partners, as well as its ability to access EU funds or other forms of funding.
Beneficiaries and strictly monitored obligations
All companies registered as legal entities in Romania are required to prepare and file annual financial statements. This includes commercial companies and authorised sole traders (subject to certain conditions), as well as other entities operating under Romanian law.
Timely filing is generally due within a maximum of 150 days of the end of the financial year, that is, by 30 April at the latest for companies with a calendar fiscal year. The additional five-month extension creates an acceptable window for late filing, but sets a clear legal threshold beyond which the consequences are drastic.
What companies need to prepare and the main points to watch
- Accounting organisation and reporting: It is essential to have a rigorously structured team or set of collaborators managing accounting and tax reporting, so that deadlines are met.
- Monitoring legal deadlines: Put internal systems and automatic notifications in place to track document filing dates.
- Specialist consultancy: Use experienced tax consultants or accounting firms to prevent errors in preparing and filing financial statements.
- Assessing the risk of penalties: If you have cash-flow or resource problems, assess the potential impact of being declared inactive in good time and look for preventive solutions.
- Keeping documentation up to date: Transparency and accuracy in accounting records are decisive factors in maintaining tax-active status.
Opportunities and recommendations for entrepreneurs
Although the possibility of being declared tax-inactive after five months of delay may be seen as a restrictive measure, it also gives companies an incentive to professionalise their financial and tax management. Entrepreneurs can use this law to strengthen their accounting and reporting systems and to build their partners' confidence.
Likewise, for companies operating in fields with access to EU funds, maintaining a complete and up-to-date financial history is crucial. Any delay or missing documentation can lead to loss of eligibility or difficulties in justifying costs. This ANAF measure will therefore lead to a rigorous screening of beneficiaries and encourage compliance with deadlines.
In practice, companies should treat the deadline for filing financial statements as an administrative priority. Investing in specialised staff or dedicated external services is insurance against tax and reputational risks. In this way, companies will avoid not only the suspension of their tax activity, but also possible blockages in carrying out contracts or accessing funding.
Invest in financial planning, keep up with legislative developments and keep your financial records up to date. Regular checks of your tax documentation and a clear understanding of the consequences bring security to running the company, especially in a dynamic and regulated market.
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