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Category: Tax, ANAF & Administrative Litigation

Buying Through eLicitatiiANAF? The Legal Checks You Should Make Before Bidding on Seized or Confiscated Assets

eLicitatiiANAF has drawn major public attention, but for a careful buyer the real question is not just how low the price is, but how clear the legal risk really is. This article explains what to check before bidding on seized or confiscated assets in Romania: the sale notice, procedural documents, the condition of the asset, possible liens, third-party rights, the stage of enforcement, the steps after adjudication and the practical traps that can turn an apparent bargain into an expensive problem. It is a practical guide for buyers who want to bid with legal clarity, not on impulse.

Customs Seizures of Counterfeit Goods in Romania: Guide for Foreign Rights Holders

The article offers a step-by-step guide for foreign rights holders on using Romanian customs to detect and seize counterfeit goods at the border. It explains how to file an application, cooperate with customs, assess evidence and follow up with civil or criminal proceedings after a seizure.

Challenging Decisions of Romanian Regulators as a Foreign Company

This article examines how foreign companies can respond when Romanian sector regulators impose fines, behavioural remedies or licence-related measures. It covers internal strategy, administrative and court challenges, interaction with EU law and the implications for global compliance programmes and investor relations.

Urban Planning Litigation (PUZ/PUD) Affecting Foreign-Owned Projects in Romania

The article analyses how challenges against General, Zonal and Detailed Urban Plans (PUG, PUZ, PUD) can derail or delay foreign-owned projects in Romania. It explains who can challenge these plans, what happens when a PUZ is suspended or annulled and which legal strategies are available to safeguard ongoing and future investments.

State Aid, Grants and Tax Incentives in Romania: Legal Guide for Foreign Investors

The article maps out the main state aid schemes, cash grants and tax incentives available to foreign investors developing projects in Romania. It explains eligibility criteria, typical timelines, key authorities and how to align investment structures with EU state aid rules while maximising legal and fiscal benefits.

Cross-Border Transfers of Assets and ANAF Scrutiny: What Foreign Owners Should Expect

This article looks at how ANAF examines cross-border transfers of cash, shares and IP involving Romanian entities, from substance tests to transfer pricing and anti-abuse rules. It highlights typical audit questions, documentation expected by ANAF and practical ways for foreign groups to structure and defend their cross-border flows.

Tax Residency and Romanian-Source Income for Non-Residents and Diaspora

The article explains when an individual becomes a Romanian tax resident, what qualifies as Romanian-source income and how this interacts with double tax treaties. It is aimed at Romanians living abroad and foreign nationals who earn income from Romania, offering practical examples and ANAF-focused risk points.

VAT Refunds and Cross-Border Transactions: Disputes with ANAF for Foreign Companies

The article analyses the main VAT risk areas for non-resident businesses trading with Romania, from refund claims and reverse-charge mechanisms to place-of-supply disputes. It explains how ANAF audits these transactions, common grounds for refusing refunds and the procedural tools available to challenge decisions, reduce financial exposure and improve future compliance.

Challenging an ANAF Tax Assessment as a Foreign Owner of a Romanian Company

This article explains the administrative and judicial avenues for contesting Romanian tax assessments when you are a non-resident shareholder or director. It covers objection procedures before ANAF, court actions, typical grounds of challenge, the impact on bank accounts and enforcement, and how to coordinate defence with advisors in other jurisdictions.

Challenging ANPC contravention sanctions: consumer protection and traders’ rights

This article examines how traders can challenge contravention reports and fines imposed by the Romanian Consumer Protection Authority (ANPC). It outlines key compliance obligations, the appeal procedure and deadlines, as well as common legal arguments and case-law trends that can help reduce or annul penalties while maintaining a compliant business model. ([Cabinet Avocat Măglaș][20])

Urban planning disputes over the planning certificate and the refusal of the building permit: how to defend yourself as a property owner

This article provides a practical guide for property owners involved in urban planning disputes concerning planning certificates and building permits in Romania. It explains the legal framework, the difference between explicit and tacit refusals, mandatory preliminary complaints and key case-law trends that strengthen the protection of property rights. ([Cabinet Avocat Măglaș][16])

Challenging decisions ordering the repayment of aid or subsidies (including State aid, APIA subsidies, COVID schemes): what you can do when you are asked to pay the money back

The article provides a structured overview of the legal remedies available against decisions requiring beneficiaries to repay aid or subsidies in Romania. It addresses administrative appeals, court actions, limitation periods and compatibility with EU rules, while highlighting practical defence strategies for companies and individuals facing recovery claims. ([Cabinet Avocat Măglaș][14])

Challenging disability degree decisions and other social benefits: your rights vis-à-vis the authorities

This article sets out the main legal tools available to individuals who wish to challenge disability degree assessments or other social benefit decisions in Romania. It covers the administrative complaint phase, subsequent court proceedings, key deadlines and documents, as well as typical errors made by authorities that can be invoked in your favour. ([Cabinet Avocat Măglaș][12])

Criminal cases triggered by tax audits: how ANAF inspections turn into tax evasion charges

The article outlines the main ways in which Romanian tax audits can evolve into criminal investigations for tax evasion or related offences. It discusses the evidentiary role of the tax inspection report, typical patterns flagged by ANAF and prosecutors, and how taxpayers and company directors can coordinate their defence in both the fiscal and criminal proceedings. ([Cabinet Avocat Măglaș][10])

Challenging traffic fines in Romania: how to appeal the contravention report and what real chances you have

This article provides a step-by-step guide on how to challenge a traffic contravention report in Romania, from filing the complaint to the main evidentiary tools used by the courts. It also discusses common procedural errors, types of speeding or radar cases and how to evaluate whether an appeal is worthwhile. ([Cabinet Avocat Măglaș][4])

Demolition order or stop-work order: how to gain time (suspension of enforcement) and what real chances you have to save your house

This article addresses homeowners, small developers and entrepreneurs who receive a demolition order or a stop-work order from Romanian authorities. It explains the legal bases, the difference between fines and demolition, the strict deadlines for prior complaints and court actions, how to ask the court to suspend demolition under Law no. 554/2004 and how to realistically assess, together with a lawyer, your chances of keeping the building or at least limiting the damage. ([Măglaș Avocat București][5])

Inheritance of tax debts and ANAF enforcement against heirs: how much you really pay, what you can refuse and when you need a lawyer

The article explains the link between succession and tax debts, the limits of heirs’ liability and their options to accept or renounce the inheritance. It also covers how ANAF can pursue inherited assets and when it is essential to consult a lawyer to contest enforcement acts and protect your share of the estate.

Public servant under criminal investigation or trial: suspension, salary rights, disciplinary sanctions and reinstatement after acquittal

This article outlines the rules on suspending public servants during criminal investigations or trials and the impact on their salary and benefits. It examines the interplay between disciplinary and criminal liability and explains in which scenarios the employee can be reinstated or seek compensation after an acquittal or dismissal of charges.

Criminal seizure vs ANAF seizure and garnishment: how to unblock your accounts and assets when you are caught between a criminal case and tax enforcement

The article compares criminal and tax enforcement seizure regimes, showing when they overlap and how this affects your business and personal assets. It presents available remedies, coordination between criminal defence and tax lawyers and practical solutions to restore liquidity and protect key assets.

ANAF tax audits of influencers, content creators and streamers: fiscal and criminal risks and how to respond to notices

The article explains how influencers and online creators are selected for ANAF tax audits and what income streams are typically scrutinised. It covers key tax obligations, the risk of tax evasion charges and the practical steps you should take when you receive notices or are called to a tax inspection.

How to challenge a PUZ or PUD that affects your neighbourhood: urban planning litigation for owners and tenants’ associations

The article clarifies what PUZs and PUDs are, how they can impact a residential area and under what conditions they can be annulled by the courts. It also explains who has standing to sue, what time limits apply and how owners and tenants’ associations can organise an effective legal challenge.

Challenging ANAF tax assessment decisions and other tax acts: defence strategies before going to court

This article explains the administrative tax appeal procedure against ANAF decisions, from analysing the case file to drafting effective arguments. It highlights common mistakes taxpayers make and shows how a clear defence strategy can improve your chances of success and even avoid lengthy court litigation.

Bank account garnishment and tax enforcement by ANAF: what the tax authority can do and what you can challenge

The article explains how ANAF tax enforcement works in practice, from the first demand for payment to bank account garnishments and seizure of assets. You will see which enforcement steps are legal, which are abusive and what legal remedies you have to suspend or cancel ANAF’s measures.

ANAF tax inspection: what inspectors check, what your rights are and how to prepare

This article breaks down how ANAF tax inspections are triggered and conducted, what documents and records inspectors usually request and where they tend to focus. You will also learn about your rights during the inspection and practical steps to prepare your business to minimise tax and criminal exposure.

Annulment of an abusive administrative act in Romania: a practical guide on how to defend your rights in administrative litigation

The guide sets out when an administrative act is unlawful, which deadlines apply and what evidence you need to challenge it in court. It also details how to combine preliminary complaints with court actions and how a lawyer can maximise your chances of both winning and enforcing the judgment.

VAT on Reselling Second-Hand Cars from the EU in Romania (2025 Complete Guide: Margin Scheme, Scenarios, Calculations, Invoicing, Returns)

The article explains when the margin scheme can be used, how to document acquisitions from EU suppliers and what happens if conditions are not met. It includes worked examples, invoicing tips, typical ANAF challenges and how to correct past errors through amended returns or voluntary disclosure.

Sanctions Evasion as a Criminal Offence: What the EU’s New Rules Mean for Romania’s Prosecutors, Businesses, and Defence Counsel

The article explains the shift from administrative breaches to fully-fledged criminal offences under Directive (EU) 2024/1226 and Romania’s forthcoming transposition. It maps new duties for banks and corporates, the role of e-evidence and the future EU AML Authority, and suggests how prosecutors and defence counsel should approach intent, complex transaction chains and cross-border cooperation.

Urban planning law in practice (Romania): PUZ & PUD scenarios that actually happen

Through real-world-style examples, the article explains how local plans (PUG), PUZ and PUD interact and why cutting corners on studies, permits and public consultations backfires later in court. It walks developers, architects and foreign investors through non-derogable rules, classic annulment grounds and the documentation you need if you want your project to actually survive legal scrutiny.