DeFi regulation & security
DeFi regulation in Romania: DAC8 reporting
Romania’s enacted DAC8 rules establish reporting duties and a 15 March provider deadline. Tax reporting and MiCA market permission require separate determinations.
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- DeFi Security Alliance
Scope: Romanian DAC8 reporting and supporting data controls. The current national MiCA application route was not verified; this guide does not identify a confirmed CASP filing portal, licensing fee or personal tax liability.
Separate market permission from tax reporting
Emergency Ordinance 71/2025 inserts the Romanian DAC8 reporting framework into the Fiscal Procedure Code. Establish whether the entity is a reporting provider and which national connection and reporting rules apply. A Romanian-language interface or Romanian users alone should not replace the statutory analysis.
The current Romanian MiCA filing route was not verified for this guide. ESMA's table dated 7 July 2026 recorded national designation as pending at that date. That dated observation cannot establish the position in September. A draft national measure is not an enacted licensing route, and tax registration does not itself grant MiCA permission.
Use the provider deadline, not the authority-exchange date
Annex 6, Section II D of the enacted ordinance requires annual reporting by 15 March for the preceding year and starts with 2026 information. The first corresponding provider deadline is therefore 15 March 2027.
ANAF's reporting-provider guide, version 1, pages 37 to 39, distinguishes the provider submission from the exchange between tax authorities. The latter has a 30 September 2027 deadline for the first EU reporting year. That later date is not the provider's filing deadline.
Reconcile tax declarations with existing identity evidence
The ordinance's due-diligence rules require tax-residence self-certification and a reasonableness check against information already held. Resolve conflicting information and retain the supporting explanation or corrected declaration. The ANAF guide describes the reporting workflow and corrections.
Pharos Production's MiCA KYC implementation guide is relevant to the underlying identity-data workflow. Reusing validated identity evidence does not replace tax self-certification or the DAC8 classification. This DeFiSec worksheet supports implementation and is not an ANAF form.
| Decision | Evidence to prepare | Review question |
|---|---|---|
| Reporting jurisdiction | Entity status, statutory nexus analysis and reporting basis | Why does this provider report in the selected jurisdiction? |
| Tax residence | Self-certification, TIN and discrepancy resolution | Does the declaration agree with reliable evidence already held? |
| Transaction aggregation | Source records, category mapping and reconciliation | Can each reported aggregate be reproduced? |
| Submission calendar | 2026 dataset, validation owner and 15 March 2027 deadline | Is the provider deadline separated from authority exchange? |
| Corrections | Submission reference and versioned correction records | Can a later correction be traced to the original data? |
Keep the implementation boundary explicit
ANAF's guide describes XML reporting and subsequent corrections. Confirm the currently published schema and submission instructions before implementing a production export. Validate records and retain the submission result without presenting a locally generated file as accepted by ANAF.
Assess MiCA, DAC8 and transfer-data duties separately for each service. The EU DAC8 guide explains the wider reporting framework. A tax-reporting determination neither authorizes a service nor decides an individual customer's tax liability.
Continue your research
Sources and further reading
Legislation and regulator publications establish the legal basis. Technical resources explain implementation. Source checks cover the passages cited in this guide.
- MiCA — Regulation (EU) 2023/1114European Union ·
- DAC8: Directive (EU) 2023/2226European Union ·
- MiCA KYC requirements: onboarding and Travel Rule integrationPharos Production ·
- MiCA knowledge and competence guidelines: compliance tableESMA ·
- Emergency Ordinance 71 of 5 December 2025Romanian Government ·
- Guide for reporting crypto-asset service providers, version 1ANAF ·