The economic recovery package adopted through OUG nr. 8/2026 (Emergency Government Ordinance no. 8/2026) introduces a tool into Romanian legislation that has been much discussed but has not existed as such until now: the investment tax credit. It is worth understanding correctly, because it behaves differently from the facilities you are used to.
What a tax credit actually is
A deduction reduces your taxable base — the profit to which the 16% rate is applied. A tax credit does something else: it is subtracted directly from the tax you have to pay. This means the effect is over six times greater for the same nominal amount.
The Ordinance defines it as "a fixed amount calculated through an algorithm established by the provisions of state aid schemes that decreases the amount of corporate income tax due". The keyword is "fixed": it is not a percentage applied annually to something variable, but an amount established at the time of the financing agreement, which is consumed year by year.
How it works over time
- It is granted for a period of 7 tax years.
- The first installment comes starting with the quarter following the commissioning of the investment — not from the signing of the agreement, nor from the first invoice.
- If in the first two years after commissioning the company registers a tax loss, the period is extended by a maximum of two years. Practically, you have a safety net for the difficult start-up of a new production capacity.
The concrete calculation algorithm is not in the ordinance. It is established through Government Decisions that approve each individual scheme — and that is where the actual percentage reported to eligible expenses will appear.
Which schemes use the tax credit
Here comes the part that must be said directly: the two schemes built around the tax credit have high entry thresholds.
- Investments in competitiveness clusters and in manufacturing products with a trade deficit — minimum value 50 million EUR. The support can be a grant or a tax credit for 7 years, by choice.
- Investments in mineral resources and critical raw materials, as well as in "zero net" products — minimum value 75 million EUR, exclusively in the form of a tax credit for 7 years.
Each has a budget of 1.05 billion euros, and financing agreements are issued in the period 2026–2032. Applications for the first scheme are ranked based on a scoring grid; for the second, the analysis is done in chronological order — so whoever submits first, with a complete file, has the advantage.
Conditions that everyone forgets
- The investment must be maintained for at least 5 years from completion. If you sell or relocate earlier, the issue of recovering the aid arises.
- The business plan is drawn up for the implementation period plus 5 years after completion.
- You cannot cumulate. Assets that benefit from the exemption of tax on reinvested profit (art. 22 of the Fiscal Code) and that function in the new capacity are excluded from the eligible investment for state aid. You must choose, asset by asset.
The accessible version for small companies: the R&D tax credit
The same ordinance introduces a second tax credit into the Fiscal Code, which has no value entry threshold and is much closer to the reality of an SME: 10% of the value of eligible expenses for research and development activities.
What makes it interesting is the recovery mechanism. If the corporate income tax due is less than the tax credit, the difference is not lost: it becomes a tax claim for the company and can be used for 4 tax years to offset other outstanding obligations — or it can simply be refunded. The offset or refunded amount is non-taxable income.
Be careful though: it is an alternative option, not a cumulative one. For the same expenses, you apply either the classic additional deduction for research and development provided by art. 20 of the Fiscal Code, or the 10% tax credit. Which version is better depends on the level of your taxable profit — it's worth a comparative calculation with the accountant, not a reflex decision.
The offsetting and refund procedure, together with the form model, is approved by order of the ANAF president.
What you can do now
If you have a large-scale investment planned, first check if you fit into any of the large schemes and follow the publication of the Government Decisions — the ordinance provided for their approval within 90 days of entry into force.
If you are a small or medium-sized company, shift your focus to the tax credit for research and development. The first practical step is to correctly separate, in accounting, the expenses that qualify as research and development activity. Without clear records from the start, the facility remains theoretical.
The information reflects the text of OUG nr. 8/2026, published in the Official Gazette. State aid schemes are approved through separate Government Decisions, which may bring additional conditions. Check the up-to-date situation before making an investment decision.