Is there a special set of rules for taxing capital gains and losses?
a. Capital gains obtained by Romanian resident companies are currently included in ordinary profit and subject to 16% tax rate. Capital losses related to the diminishing in the value of stockholding are deductible and may be written off during the following 5 fiscal years. b. Capital gains obtained in Romania by a non-resident company are taxed with 16% tax rate, unless a more favourable rate is established by the relevant Double Tax Treaty. However, in both cases, mergers, spin-offs, transfers and exchanges of assets should not trigger capital gains tax liabilities in Romania. c. The income tax rate for capital gains obtained by Romanian individuals from transfer of shares of limited liabilities companies and unlisted companies is 16% and the obligation to calculate, withhold and remit the income tax lies with the purchaser at the time of the transaction. Losses incurred from the transfer of shares of unlisted companies are not recognised from the fiscal point of view, and will not be
