Romania has obtained qualified jurisdiction status under the Global Minimum Tax Rules (Pillar 2)

The OECD, through the Inclusive Framework, has established a transitional qualification mechanism to assist tax authorities and other stakeholders in determining whether a jurisdiction has introduced a Qualified Domestic Minimum Top-up Tax (QDMTT) or whether it qualifies for the application of the QDMTT Safe Harbour.

The OECD views the Central Record as a tool for the rapid identification of the qualified status of Pillar 2 legislation in different jurisdictions. The role of the Central Record and the list of jurisdictions with qualified legislation are essential for establishing the order in which the Pillar 2 rules apply. The Central Record will be regularly and timely updated by the OECD.

At the same time, the absence of a jurisdiction's legislation from the Central Record does not imply that the legislation is not qualified. Instead, it indicates that, at the time of the publication, the process under the transitional mechanism for qualification has not yet been commenced or finalized for that legislation.

The domestic legislation presented in the Central Record will be considered qualified from the date it enters into force, i.e., the date on which the legislation becomes applicable to taxpayers within its scope.

Romania is included in the Central Record published by the OECD, being recognised as a jurisdiction with a qualified system regarding the Income Inclusion Rules (IIR), QDMTT, and the QDMTT Safe Harbour through Law No. 431/2023, effective from 31 December 2023.

For a multinational group with entities operating in Romania, this means that the top-up tax in Romania, if any, will be collected directly by the Romanian tax authorities via the QDMTT.