The National Agency for Fiscal Administration (ANAF) Order No. 206/2025 for the approval of the model, content and instructions for completing forms 101 „Profit tax return” and 101 Fiscal Group „Consolidated profit tax return determined by the fiscal group” was published in the Official Gazette, Part I no. 140 of February 18th, 2025.

Premises for the appearance of this order

By Law No. 296/2023 on some fiscal-budgetary measures to ensure the long-term financial sustainability of Romania and Government Emergency Ordinance No. 115/2023 on some fiscal-budgetary measures in the field of public expenditure, for fiscal consolidation, combating tax evasion, for amending and supplementing certain normative acts, as well as for extending certain deadlines, amendments and supplements were made to Law No. 227/2015 on the Fiscal Code.

The amendments/supplements mainly concerned the following aspects:

- establishing the profit tax due by taxpayers who registered a turnover of over 50 million euros in the previous year, at the level of the minimum turnover tax, in the event that the profit tax is lower than the minimum turnover tax;

- recovering the annual tax loss established by the profit tax return, up to 70% inclusive, from the taxable profits made in the next 5 consecutive years, starting with 2024/amended fiscal year starting in 2024, as the case may be;

- repealing the provisions regarding the deductibility of expenses with private stock exchanges, as well as the acquisition cost of fiscal electronic cash registers, from the profit tax.

At the same time, through Government Emergency Ordinance no. 115/2024 to supplement Law no. 227/2015 on the Fiscal Code, regulations were introduced regarding tax facilities targeting taxpayers who apply the additional deduction for research and development activities to the calculation of the fiscal result and who owe minimum tax on turnover.

Main changes in Declaration 101

- new rows have been introduced to highlight the profit tax established at the level of the minimum turnover tax, to highlight the tax loss to be recovered in the current year, as well as to highlight the value that is deducted from the minimum turnover tax according to art. I point 1 of Government Emergency Ordinance no.115/2024;

- the row referring to the acquisition cost of fiscal electronic cash registers has been eliminated.

In addition, from form 101 „Profit tax return” the row referring to the value of the exempt profit tax related to cash registers, which was added to the profit tax, according to art. 45 paragraph (7) of the Fiscal Code, has been eliminated.

Legal persons that, during the fiscal year, dissolve without liquidation, are required to submit the annual profit tax return and pay the tax by the end of the taxable period.

Please be reminded that this year (during the application of the provisions of art. I of Government Emergency Ordinance no. 153/2020) the deadline for submitting the annual profit tax return is until June 25th, 2025, inclusive.

For taxpayers using the modified fiscal year, the deadline for submission is until the 25th of the sixth month inclusive from the closing of the modified fiscal year. Exceptions are taxpayers for whom the accounting regulations are issued by the National Bank of Romania, respectively by the Financial Supervisory Authority.

Note: The new form 101 is used starting with the declaration of annual obligations for the fiscal year 2024/the modified year starting in 2024.

(Copyright foto: 123RF Stock Photo)