Taxe crypto Romania in 2026 - Buju, Stanciu & Asociații

In an era of rapid technological advance, cryptocurrencies have become a significant presence in the global financial landscape, and Romania is no exception. With constant developments in the crypto sphere, it is crucial to understand how these changes affect the tax treatment of cryptocurrency transactions in our country.

Against this background, this article sets out to provide a detailed overview of the tax rules in force, highlighting the implications for cryptocurrency users in Romania in 2024. We will look at the legislative changes, their impact on taxpayers and the key points taxpayers should bear in mind when managing the tax treatment of their digital assets.

Crypto tax thresholds in 2024

It should be noted that tax becomes payable from RON 600 per year upwards!

Ceiling of 6 Salaries

For cryptocurrency users with annual income of between 6 and 12 minimum gross salaries, the 6-salary threshold is an attractive option. In this case, the CASS (health insurance) contribution of RON 1,980 applies in addition to the 10% income tax, but only if annual income exceeds this limit.

Ceiling of 12 Salaries

For those with annual income of between 12 and 24 minimum gross salaries, the 12-salary threshold entails an additional CASS contribution of RON 3,960. If annual income exceeds this threshold, taxpayers will also pay the 10% income tax, and the CASS contribution will be added.

Ceiling of 24 Salaries

For annual income exceeding the equivalent of 24 minimum gross salaries, the 24-salary threshold brings an additional CASS contribution of RON 7,920. In this case, both the additional CASS and the 10% income tax apply.

Example:

We will apply the same calculation to income of RON 30,000, taking into account the minimum salary of RON 3,300.

Income Tax (10%):

RON 30,000 * 10% = RON 3,000

Additional CASS contribution according to the established thresholds:

If the income is below 6 minimum salaries (6 * RON 3,300 = RON 19,800), no CASS contribution applies.

If the income exceeds 6 minimum salaries (RON 19,800) and is below the threshold of 12 minimum salaries (RON 39,600), an additional CASS contribution of RON 1,980 applies.

Amount remaining for the taxpayer:

Initial income - (Income Tax + additional CASS) = Amount remaining

Amount remaining = RON 30,000 - (RON 3,000 + RON 1,980) = RON 25,020

Thus, on income of RON 30,000, after deduction of the 10% income tax and the additional CASS contribution, the taxpayer would be left with RON 25,020.

Note: It is important to point out that the figures given in this article are based on the minimum salary of RON 3,300, in force since 1 October 2023. However, it should be borne in mind that there are currently discussions about a possible increase of the minimum salary to RON 3,750.

What do you need to do in order to declare crypto income?

Access the ANAF Platform: Log on to the ANAF online platform or visit a local ANAF office to obtain the necessary forms.

Complete the Declarația Unică (Single Tax Return): Complete the section on cryptocurrency income within the Declarația Unică. State the total amount of income obtained from cryptocurrency transactions.

Calculate the Tax and Social Contributions: Calculate the 10% income tax on cryptocurrency income. If the income exceeds the thresholds set for the CASS contribution (as discussed above: 6 salaries, 12 salaries, 24 salaries), also calculate the additional CASS contribution.

File the Declarația Unică: Once the Declarația Unică has been correctly completed, file it with ANAF. You can do so online or at an ANAF office.

Pay the Tax and Contributions: After filing the Declarația Unică, pay the tax and contributions by the deadlines set by ANAF.

Keep the Supporting Documents: Keep the supporting documents (any transactions, exchanges, etc.) so that they are available in the event of subsequent checks.

Note:

When preparing the tax return for cryptocurrencies in Romania in 2024, it is essential to distinguish between two main categories of income:

the difference between investment income, such as cryptocurrencies acquired for the purpose of resale at a higher price.
income earned and received in crypto, which falls within income from independent activities. Under the new Fiscal Code, the latter entails payment of CAS and CASS, with CASS capped at 60 salaries. Notably, this income is no longer aggregated with other income, allowing taxpayers to pay contributions up to the maximum ceiling for independent activities (24 CAS and 60 CASS), while in the case of dividend income CASS applies up to 24 salaries.

Likewise, if a person's only income in 2024 comes from independent activities, they will pay CASS at a threshold of 6 salaries, regardless of the level of income obtained.

What do you risk if you fail to declare?

Failure to declare cryptocurrency income can have significant legal and tax consequences in most jurisdictions, including Romania. Here are some of the risks you may face if you do not declare your cryptocurrency income correctly:

Tax Fines: ANAF may impose fines for failure to declare income. The longer the period of non-declaration, the higher the fines may be.

Recalculation of Taxes and Contributions: If your cryptocurrency income is subsequently identified by the authorities, they may recalculate the taxes and contributions owed, including penalties and late-payment interest.

Criminal Risk: In some cases, deliberate failure to declare income may be treated as tax evasion and may carry criminal consequences. It is important to be aware of your tax obligations and to comply with them properly.

Loss of Tax Credibility: Failing to declare income can damage your tax credibility. This may affect your future financial transactions and your ability to obtain certain facilities or loans.

Additional Tax Audits: Failing to declare income increases the likelihood of a detailed tax audit by the tax authorities.

Confiscation of Assets: In certain circumstances, the State may be entitled to confiscate assets acquired with undeclared income.

Exclusion from Certain Economic Activities: There may be consequences for your right to take part in certain economic or commercial activities if you fail to meet your tax obligations properly.

It is always advisable to comply with tax legislation and to declare your income correctly. If you have specific questions or concerns about your tax position, you should consult a tax adviser or a lawyer for tailored advice.

Do you still have to declare your income if the exchange withholds tax?

Yes. Even where an exchange withholds tax, you must still declare the income arising from your cryptocurrency transactions in your tax return. Tax withheld by the exchange relates to transaction charges or the exchange's own fees and does not cover income tax or other tax obligations.

It is important to have a clear understanding of tax policy and to consult a tax adviser in order to establish how cryptocurrency income should be treated under tax legislation.

Conclusions

In the complex world of cryptocurrencies, where technology advances rapidly, the tax management of income becomes essential.

The tax thresholds set for CASS and income tax provide a clear framework, reflecting the diversity of cryptocurrency income. It is essential to understand that tax withheld by exchanges does not cover all personal tax obligations, and failure to declare income may result in fines, recalculation of tax and even criminal penalties.

Regularly reviewing tax legislation, keeping supporting documentation and working with tax specialists are essential steps in avoiding tax risks and ensuring proper compliance with tax obligations in the fast-moving crypto space. Through awareness and compliance, taxpayers can successfully manage the tax aspects of cryptocurrency transactions in Romania in 2024 and beyond.

Discover a solid partnership in managing the complex tax aspects of cryptocurrency transactions! Turn to Buju Stanciu & Associates for legal expertise you can trust!