Romania Crypto Tax Guide 2026

No Specific Crypto Law (2026)

Romania has not enacted a specific cryptocurrency law as of 2026. Unlike some EU countries that have comprehensive crypto asset regulations, Romania's approach relies on existing tax and regulatory frameworks. The European Union's MiCA (Markets in Crypto-Assets) Regulation, effective from 2024-2025, provides a harmonized EU framework for crypto-asset regulation, which Romania is implementing. MiCA covers: crypto-asset issuance, crypto-asset service providers (CASPs), stablecoins, and market abuse prevention. However, MiCA does not harmonize tax treatment — each member state sets its own crypto tax rules. Romania is expected to adopt a more structured approach once MiCA implementation is complete.

ANAF Guidance — Gains Taxed at IIT 10% + CASS 10%

In the absence of a specific law, ANAF (Romania's tax authority) has issued guidance (through tax rulings and official responses) on the tax treatment of crypto gains: gains from the sale of cryptocurrency to fiat (euro, lei) are treated as income from other sources and subject to IIT at 10%. If total annual income (including crypto gains) exceeds certain thresholds (6 times the minimum wage — approximately RON 19,800 for 2026), the taxpayer must also pay CASS (health insurance) at 10% on the portion exceeding the threshold. The taxable gain is calculated as sale proceeds less acquisition cost (using the cost basis method chosen by the taxpayer — generally FIFO or specific identification). Crypto-to-crypto trades are generally not taxable events (only conversion to fiat triggers taxation), though this interpretation is subject to debate and individual rulings.

Mining — Income from Independent Activity

Cryptocurrency mining income is treated by ANAF as income from independent activities (venituri din activități independente). This means: mining rewards are taxable at IIT 10% on net income (gross mining rewards minus deductible expenses), and CASS at 10% applicable if income exceeds the threshold (6 times minimum wage). Deductible expenses may include: electricity costs, mining hardware purchase (depreciated over the useful life), internet costs, and rental of mining space. Miners are generally required to register with ANAF as having an independent activity (PFA — Persoană Fizică Autorizată or other forms). Mining-as-a-service arrangements may be treated differently depending on the contractual structure.

No VAT on Crypto

Following the European Court of Justice (CJEU) decision in the Hedqvist case (C-264/14), and confirmed by ANAF, transactions involving traditional cryptocurrencies (like Bitcoin, Ethereum) are exempt from VAT in Romania. This means: buying and selling crypto is not subject to VAT, mining activities are outside the scope of VAT (or exempt), and exchange of crypto for fiat or other crypto is VAT-exempt. The VAT exemption is consistent across the EU. However, services related to crypto (consulting, custody, wallet management) may be subject to VAT at the standard rate of 19%.

No Specific Exchange Regulation Since 2021

Romania's cryptocurrency exchange regulation is primarily driven by OM 361/2021 (Order of the President of ANAF), which requires crypto-asset exchange platforms and wallet providers to comply with KYC (Know Your Customer) and AML (Anti-Money Laundering) requirements. Key obligations: customer identification and verification, transaction monitoring, suspicious transaction reporting (to ONPCSB — Romania's financial intelligence unit), and record-keeping for at least 5 years. Crypto service providers must register with ONPCSB. Since 2021, Romania has been strengthening its AML framework for crypto to align with FATF recommendations and EU directives. There is no specific exchange licensing regime beyond AML registration.

FAQs

Is crypto-to-crypto trading taxable in Romania?

Generally, ANAF guidance suggests that only conversion to fiat currency triggers a taxable event. Crypto-to-crypto trades are considered a change in asset form, not a realization event. However, this is not explicitly legislated, and taxpayers should seek individual rulings for complex transactions.

Do I need to declare crypto holdings in my tax return?

Yes. Crypto gains realized during the tax year must be declared in the annual income tax return (form 212). The declaration includes the gain amount, calculation method, and CASS contribution if applicable. Losses cannot be offset against other income but may be carried forward under general rules.

What are the penalties for non-declaration of crypto gains?

Non-declaration of crypto gains can result in: assessment by ANAF with penalties (0.01% per day late payment interest), penalty of 10% of the undeclared tax amount, and potential criminal prosecution for tax evasion in cases of significant non-compliance (gross negligence or intentional).

Disclaimer

This guide provides general information about cryptocurrency taxation in Romania for 2026. Crypto regulation is rapidly evolving. Always consult with a qualified professional for advice specific to your situation. InvestmentKit does not provide legal or tax advice.