Tax Treaties: United States And Romania

Tax Treaties: United States And Romania

Quick Summary.  Romania taxes resident companies on their worldwide income.  Non-resident companies are taxed on Romanian-source income.  Micro-companies–defined based upon total prior-year revenue of no more than 1 million euros–are subject to a special, micro-company tax regime.

Romania is a semi-presidential republic.   It is governed by a prime minister and president.  Romania is divided into 41 counties and the municipality of Bucharest. The Romanian Constitution provides for the right to ownership of private property.

Residents are taxed on worldwide income with certain exceptions, including salaries from abroad for work performed outside of Romania.  Non-residents are subject to tax on Romanian-sourced income.  Romania generally employs a flat personal income tax at a rate of 10%.

Under relatively new legislation, income from virtual currency transfers are generally subject to a 10% tax on gains.

Romania is a member of the EU and the World Trade Organization (WTO), as well as the General Agreement on Tariffs and Trade (GATT).

Treaty.  Convention between the Government of the United States of America and the Government of the Socialist Republic of Romania with Respect to Taxes on Income, signed at Washington on December 4, 1973

Romania has a bilateral taxation treaty with the United States; the treaty was signed in 1973 and entered into force in 1974.

Currency.  Romanian New Leu (RON)

Common Legal Entities.  Joint stock company, general partnership, limited partnership, limited partnership by shares, limited liability company, and branches.

Tax Authorities.  National Agency for Tax Administration

Tax Treaties.  Romania is a signatory to approximately 87 bilateral tax treaties and the the OECD MLI.

Corporate Income Tax Rate.  16%

Individual Tax Rate.  10%

Corporate Capital Gains Tax Rate.  16%

Individual Capital Gains Tax Rate. 

Residence.  Residence is established by citizenship, domicile, center of vial interests, or presence for a period of more than 183 days in 12 consecutive months.

Withholding Tax.

            Dividends.  5%

            Interest.  16%

            Royalties.  16%

Transfer Pricing.  Romania generally follows OECD guidelines.

CFC Rules.  Yes.

Inheritance/estate tax.  Up to 1%; however, no tax applicable if succession made during first to  years after death.

Have a question? Contact Jason Freeman, Freeman Law.

Mr. Freeman is the founding and managing member of Freeman Law, PLLC. He is a dual-credentialed attorney-CPA, author, law professor, and trial attorney. Mr. Freeman has been recognized multiple times by D Magazine, a D Magazine Partner service, as one of the Best Lawyers in Dallas, and as a Super Lawyer by Super Lawyers, a Thomson Reuters service.
He was honored by the American Bar Association, receiving its “On the Rise – Top 40 Young Lawyers” in America award, and recognized as a Top 100 Up-And-Coming Attorney in Texas. He was also named the “Leading Tax Controversy Litigation Attorney of the Year” for the State of Texas” by AI.

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