Almost half a million taxpayers risk being declared fiscally inactive starting January 1, 2026, if they do not submit their annual financial statements, of which over 120,000 already have unpaid tax obligations, according to data from the National Agency for Fiscal Administration (ANAF), cited in an analysis conducted by EY Romania.
"Starting with January 1, 2026, taxpayers who do not submit their financial statements risk being declared inactive, a measure that may have negative consequences on economic activity. According to data provided by ANAF, over 462,000 taxpayers are in this situation, of which more than 120,000 have unpaid tax obligations. This reality underlines the importance of complying with accounting and financial reporting obligations to avoid negative repercussions," the analysis states.
According to Law 239 of December 15, 2026, taxpayers who do not submit their annual financial statements within five months of the legal deadline, as well as those who do not have a payment account in Romania or with the State Treasury, may be declared inactive. The measure aims to ensure transparency in financial and accounting reporting and prevent and combat tax evasion.
EY consultants, however, point out that the new regulations do not provide transitional measures for financial statements that are not filed by the date the provision enters into force, namely January 1, 2026.
"Based on general legal principles, there are arguments to consider that this new case of inactivity should only be applied to events occurring after January 1, 2026, so as not to represent a retroactive application of the legislation. However, this aspect should be clarified through transitional measures, as specific transitional provisions are provided for other similar situations," the document also states.
In the absence of clarifications, it is not excluded that the tax authorities will also apply the inactivity penalty to companies that have not submitted financial statements for the financial year 2024 or previous years.
According to the cited source, declaring inactivity comes with a series of severe consequences. Taxpayers who continue to carry out economic activities during this period are required to pay taxes, fees and social contributions, but do not benefit from the right to deduct expenses and value added tax related to purchases made.
Also, beneficiaries who purchase goods and services from taxpayers declared inactive cannot deduct the expenses and value added tax related to these purchases, except in specific cases, such as forced execution or bankruptcy. This restriction can seriously affect commercial relations and business flows, purchases and sales, the material also states.
At the same time, the state of inactivity is also recorded in the tax record of the company and its legal representatives, which can affect commercial reputation, access to financing and classification in tax risk classes.
According to EY, the economic impact can be significant, through the disruption of trade flows, the complexity of tax reporting and the difficulty of the reactivation procedure, which is lengthy.
In this context, consultants recommend that taxpayers rethink their internal financial reporting processes and allocate the necessary resources to comply with legal deadlines, including by organizing dedicated teams, collaborating with external auditors and using digital accounting and reporting solutions.
EY provides, through its over 1,000 employees in Romania and the Republic of Moldova, integrated audit services, tax and legal assistance, strategy and transactions, as well as consulting for multinational and local companies.
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