Romania taxes cryptocurrency gains under the Codul Fiscal (Fiscal Code), Law No. 227/2015, as substantially amended by Law No. 296/2023. 

The national tax authority, Agenția Națională de Administrare Fiscală (ANAF), has confirmed that gains from crypto trading constitute taxable income, and the 2023 amendments introduced a dedicated provision, Article 116^1, specifically addressing the taxation of virtual currency. Under this framework, gains from crypto disposals are taxed at a flat 10% income tax rate, with a per-transaction exemption for gains not exceeding 200 Romanian leu (RON).

Capital Gains Tax Rules

Under Article 116^1 of the Codul Fiscal, introduced by Law No. 296/2023, gains from the disposal of virtual currency are treated as taxable income, subject to a flat 10% income tax rate.

Romania does not operate a separate capital gains tax regime distinct from income tax; gains on crypto disposals are categorised as “income from transfers of virtual currency” and assessed under the Fiscal Code’s income provisions. 

Every disposal, including selling crypto for RON or another fiat currency, exchanging one cryptocurrency for another, and using crypto to pay for goods or services, is a taxable event.

How gains are calculated

The taxable gain for each transaction is calculated as the difference between the RON disposal proceeds and the RON acquisition cost of the specific units disposed of. 

The per-transaction exemption means that where the gain on any single transaction does not exceed 200 RON, that transaction is exempt from the 10% tax. Gains above 200 RON per transaction are taxable in full at 10%, not merely the excess over 200 RON.

Losses on individual crypto transactions can be offset against gains from other crypto transactions within the same tax year, but the Fiscal Code does not permit crypto losses to be carried forward to future tax years or offset against other income categories. 

This means that a taxpayer who realises a mix of gains and losses across multiple transactions in a year calculates the net gain on a transaction-by-transaction basis and pays tax only on net positive outcomes, subject to the per-transaction exemption.

Record keeping

Taxpayers must maintain records supporting the calculation of gain or loss on each transaction, including the date, the crypto amounts involved, the RON value at the time of acquisition and disposal, and any fees. Given the per-transaction exemption, accurate records are particularly important to correctly identify which transactions fall below the 200 RON threshold. Records should be retained for the statutory period under Romanian tax administration law, generally five years.

Income Tax Rules

Income derived from cryptocurrency activity other than trading gains is taxable under the general income provisions of the Codul Fiscal. 

This includes cryptocurrency received as payment for services, remuneration in crypto, income from staking, and income from mining operations. The applicable rate is the standard 10% flat income tax rate. Where income exceeds the threshold for CASS applicability, the 10% health insurance contribution also applies.

For individuals earning crypto income as part of a business or professional activity, the income is included in the overall tax base for the relevant income category (business income or independent professional income), and standard deductions for business expenses may be available against that income. The net taxable amount is then subject to the 10% income tax rate.

ANAF guidance confirms that all crypto income must be converted to RON at the exchange rate applicable at the time of each transaction for reporting purposes. Taxpayers should use a consistent and verifiable source for exchange rates, such as the National Bank of Romania’s published rates.

Mining and Staking Treatment

Mining

Mining income in Romania is taxed as ordinary income under the Codul Fiscal in the “other income” category, at a rate of 10%, with CASS potentially applicable above the relevant annual threshold. 

The income amount is the RON market value of the mined cryptocurrency at the time it is received. Miners who operate on a commercial scale may register as self-employed or as business entities, which gives access to deductions for business expenses including electricity costs and equipment depreciation against the mining income.

The disposal of mined cryptocurrency at a later date constitutes a further taxable event under Article 116^1. The cost base for the disposed coins is the value at which they were originally brought to account as income at the time of mining. If that value is below the disposal proceeds, the gain (above 200 RON if the per-transaction exemption applies) is subject to the 10% income tax.

Staking

Staking rewards in Romania are treated as ordinary income under the Fiscal Code at the time of receipt, at the RON market value on the receipt date. 

The 10% income tax rate applies, and CASS contributions may apply above the relevant threshold. As with mining, the subsequent disposal of staking rewards at a gain gives rise to a further taxable event under Article 116^1.

ANAF has not issued detailed specific guidance distinguishing different types of staking arrangements, such as liquid staking, delegated staking, or staking via centralised platforms. In the absence of such guidance, all staking rewards should be treated conservatively as income at receipt. Taxpayers should keep detailed records of each staking reward, including the date, quantity, and RON value at the time of receipt.

NFT Taxation

Romania has not issued specific guidance on the taxation of NFTs as of 2026. 

Applying the general principles of the Codul Fiscal and ANAF’s approach to digital assets, NFTs held as investments and disposed of at a profit would be treated as income from the transfer of virtual assets, subject to the 10% income tax rate under Article 116^1. The per-transaction 200 RON exemption would apply equally to NFT transactions as to other crypto disposals.

For creators who produce and sell NFTs commercially, the income constitutes either self-employment or business income under the Fiscal Code, taxable at 10% after deduction of allowable expenses. Platform fees and production costs incurred in connection with creating and selling NFTs should be deductible as business expenses for registered self-employed persons or businesses.

For VAT purposes, purely financial NFTs would be treated consistently with the VAT exemption applicable to crypto-to-fiat exchange. However, NFTs representing rights to specific goods or services may be subject to VAT at the standard rate where supplied by a VAT-registered person.

Reporting Requirements

Romanian taxpayers report gains and income from cryptocurrency activity through their annual income tax return filed with ANAF. 

Income from crypto disposals under Article 116^1 of the Codul Fiscal is reported in the dedicated section for income from transfers of virtual currency. All amounts must be expressed in RON, converted at the National Bank of Romania’s exchange rate applicable on the date of each transaction.

Individuals earning income from crypto mining or staking as ordinary income must include those amounts in the appropriate income category on their return. Where CASS contributions are applicable, these must also be declared and paid. ANAF provides online filing facilities through its portal, and taxpayers are responsible for self-assessing and submitting their returns by the prescribed deadlines.

Romania is an EU member state participating in the EU’s frameworks for financial data exchange, including the OECD’s Common Reporting Standard (CRS) and the EU’s DAC (Directive on Administrative Cooperation) framework, which is being extended to cover crypto assets under DAC8. As the DAC8 requirements take effect in EU member states, ANAF will receive transaction data from crypto service providers, increasing its ability to cross-reference reported figures.

Records supporting all reported transactions must be retained for five years under Romanian tax administration law. This includes exchange records, wallet histories, acquisition receipts, and evidence of disposal values and dates.

Penalties

ANAF applies a structured penalty and interest regime to taxpayers who fail to comply with their reporting obligations under the Codul Fiscal. Late filing of tax returns attracts a penalty calculated as a percentage of the tax due. 

Underreporting of income, or failure to declare taxable income such as crypto gains, attracts additional tax assessments together with late payment interest and penalties. The interest rate applicable to unpaid tax is set by ANAF and accrues daily from the original due date.

Where a taxpayer has deliberately omitted income from their return, or filed a false declaration, more severe sanctions apply, including elevated penalty rates and potential criminal investigation for tax evasion. ANAF has been increasing its scrutiny of crypto income as awareness of the Article 116^1 provisions has grown, and the implementation of DAC8 data sharing obligations will further enhance the authority’s access to transaction data.

While Romania does not operate a formal crypto-specific amnesty programme, the general provisions of the tax administration code support the principle that proactive correction reduces exposure to the most severe penalties. Taxpayers who have not complied with their crypto tax obligations under the Fiscal Code are advised to seek professional advice and consider regularising their position before the enhanced data-sharing regime further narrows the window for self-correction.