Abstract: This regulatory analysis outlines the tax reporting and customer due diligence obligations imposed on Crypto-Asset Service Providers (CASPs) following Romania's transposition of Council Directive (EU) 2021/514 (DAC8) via Government Emergency Ordinance no. 71/2025. It details the technical standards for annual crypto-asset transaction reporting to the National Agency for Fiscal Administration (ANAF) beginning with fiscal year 2026 data. The study maps client identification protocols, cross-border automatic exchange mechanisms across EU tax authorities, and compliance integration with Regulation (EU) 2023/1114 (MiCA).

Immediate Business Relevance & Key Takeaways

Less than three months after the effective start of obligations (1 January 2026), Emergency Ordinance No 71/2025 transposing Directive (EU) 2023/2226 (DAC8) and implementing the OECD CARF standard imposes a new operational reality on crypto-asset service providers (CASPs). Authorised entities or platforms operating on the Romanian market – exchanges, custody providers, wallets and tokenised-economy services – must collect, verify and report detailed user and transaction data.

Key takeaways:

  • Annual reporting to ANAF becomes mandatory for 2026 transactions, with the first deadline on 15 March 2027.
  • Fiscal due diligence similar to CRS, but tailored to crypto-assets: identification of tax residence and aggregated transaction data by asset type (purchases, sales, transfers).
  • Fines ranging from RON 20,000 to RON 150,000 for non-compliance; failure to meet the EU deadline risks European sanctions.
  • Form F8000 is under public consultation at ANAF (March 2026), providing immediate procedural clarity.

Factual Background

Council Directive (EU) 2023/2226 (DAC8) amends Directive 2011/16/EU on administrative cooperation in taxation and extends automatic exchange of information to crypto-asset transactions, aligning with the OECD Crypto-Asset Reporting Framework (CARF). Member States were required to transpose by 31 December 2025, with application from 1 January 2026 and first reporting in 2027.

Nationally, the Government adopted Emergency Ordinance No 71/2025 amending and supplementing Law No 207/2015 on the Fiscal Procedure Code. The full text is available on the ANAF website. Recently, ANAF published for public consultation the draft order approving Form F8000 (March 2026), while a detailed guide for reporting crypto-asset service providers offers practical orientation.

Legal Analysis (Romania & EU Context, Cross-Border Implications)

DAC8 complements the MiCA Regulation (EU) 2023/1114 and DORA, creating a coherent ecosystem for the crypto sector: MiCA/MiCAR ensures prudential authorisation and supervision, while DAC8 adds fiscal transparency. The definitions of “crypto-asset” and “crypto-asset service provider” are aligned between the two instruments.

In Romania, OUG 71/2025 introduces registration, fiscal due-diligence (Annex VI to the Fiscal Procedure Code) and reporting obligations for CASPs that:

  • have their seat or a branch in Romania;
  • provide services to Romanian users or tax residents;
  • are authorised under MiCA or must register in a Member State for reporting purposes.

Due diligence requires collection of identification data (name, address, TIN, tax residence, date of birth) for individuals and entities, including beneficial owners. Reporting is aggregated by crypto-asset type and covers:

  • gross amounts paid/received in fiat;
  • units traded;
  • number of transactions;
  • fair market value for transfers and retail payments.

Automatic exchange of information is carried out by ANAF to the tax authorities of the users’ residence jurisdictions. Cross-border implications are significant: a CASP authorised in Romania reports once to ANAF, avoiding duplication; non-EU platforms serving European clients must register in a Member State; cooperation with MiCA ensures that prudential authorisation facilitates fiscal compliance.

Practical implications for businesses operating in or with Romania

Multinationals and crypto start-ups active in Romania or entering the market now face:  

  • Initial IT implementation costs for due-diligence and data-aggregation systems, offset by materially lower tax-evasion and litigation risk.
  • Competitive advantage for compliant entities: easier access to institutional capital and traditional banking partnerships.
  • Increased exposure for decentralised (DeFi) platforms unable to perform due diligence – these may fall outside reporting but risk sanctions if they exercise control over users.

Action Steps for Crypto-Asset Service Providers (CASPs) and Tokenised-Economy Platforms Operating in Romania

  • Immediately assess FSCR (reporting crypto-asset service provider) status and register with ANAF if operating without MiCA authorisation.
  • Implement automated fiscal due-diligence procedures (self-certification, IP/wallet address checks) by 31 December 2026.
  • Integrate aggregated data collection by crypto-asset type into internal systems and test F8000 form generation.
  • Update privacy policies and client contracts to include consent for fiscal reporting.
  • Monitor the outcome of the public consultation on Form F8000 and the ANAF guide; appoint a DAC8 officer at board level.
  • Prepare for ANAF audits and integrated compliance with MiCA/DORA requirements.

Forward-looking perspectives and opportunities

DAC8 implementation positions Romania as a transparent and attractive jurisdiction for institutional investors in digital assets and the tokenised economy. Entities that invest now in automated reporting technology will gain a significant competitive edge in attracting foreign direct investment and forming partnerships with traditional banks, contributing to the maturation of the local crypto market within the broader European digital economy.

The digital-assets, fintech and fiscal-compliance team at Mararu & Mararu SCA routinely assists international and local clients with integrated DAC8 implementation – from due-diligence audits and reporting-system configuration to ANAF inspection readiness and MiCAR alignment. Contact us for a rapid exposure assessment and a tailored compliance roadmap that converts reporting obligations into strategic advantage.

Disclaimer: The information contained herein is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult qualified counsel. Mararu & Mararu SCA accepts no liability for actions taken on the basis of this material.

Author

Ioan B. Mararu

Founder, Senior Partner

Ioan B. Mararu, High Court qualified attorney in Romania specializing in corporate M&A and international litigation.
Ioan B. Mararu
ioan.mararu@mararu.com
+4 (031) 421 5150
Founder, Senior Partner
https://x.com/VoitAdVocatus
https://www.linkedin.com/in/ioanmararu/
Ioan B. Mararu, High Court qualified attorney in Romania specializing in corporate M&A and international litigation.
Biography
Biography
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Ioan B. Mararu advises corporations and investors on corporate, commercial, technology, IP, securities, M&A, IT&C, insurance, real-estate, employment, and dispute resolution matters in Romania. He handles complex cross-border transactions, regulatory compliance, public procurement, technology transfers, business restructuring, and high-stakes litigation. He is admitted to the Bucharest Bar, qualified to appear before the High Court of Cassation and Justice.

His practice includes significant work in the emerging technology sectors, industrial equipment, manufacturing and services, trade, services – including financial, digital economy, aerospace, and related sectors. 

He assisted boards of directors and represented major technology, telecom, media and industrial groups, investment banks, insurers and other key foreign and domestic organizations in foreign direct investment projects, outsourcing arrangements, state-aid schemes, restructurings, technology transfer and licensing, intellectual property, litigation, and multi-million-euro public acquisitions.

A pivotal figure in Romania’s legal landscape during Romania’s NATO and EU accession, he served as VP Legal Affairs for the General Confederation of Romanian Industrialists (UGIR-1903), a trade association representing industry branches employing 80% of the national workforce. His strategic leadership extended to the Ministry of Justice - Social Dialogue Commission and his role as Secretary General of the Export Council of Romania on behalf of the private sector.

He is fluent in English and French – full business and legal proficiency.

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