ROMANIA introduced higher withholding tax rate on certain income derived by nonresidents

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An ordinance published by the Romanian government on 23 January 2013 and applicable as from 1 February 2013 contains measures designed to prevent aggressive tax planning by non-residents.

According to the new rules, income derived by a nonresident is subject to a 50% withholding tax rate (rather than the normal 16%) if the recipient is resident in a country that has not concluded an exchange of information agreement with Romania and the payment arises from a transaction that is deemed to be artificial.

The increased tax rate will apply even if the beneficiary of income is resident in a country that has concluded a tax treaty with Romania, but the payment is made in a jurisdiction with which Romania does not have an agreement regarding the exchange of information.