Service
Forming an SRL
The formation process is set out on SRL in Romania.
Self-Employed in Romania, the PFA and the SRL Rule by Rule
The PFA and the SRL, two of the forms Romanian law gives a freelancer, compared on liability, tax, contributions and entry conditions, with 2026 figures.
Short answer
A freelancer in Romania may work as a PFA (persoană fizică autorizată, authorised natural person), not a company, answering with all personal assets after allocated assets (art. 20(1) OUG 44/2008, 2008 text), or through an SRL (societate cu răspundere limitată, limited liability company), whose members answer up to subscribed capital, minimum 500 lei when newly formed (Art. VI(2) Law 239/2025).
This guide sets out the law for each form and does not say which to use: that is for a CCF tax consultant or a CECCAR accountant. It lists no jobs. For registration, see company registration in Romania from abroad.
What does self-employed mean in Romania?
Romanian law gives a freelancer several forms, among them a natural person (the PFA) and a company (the SRL). This guide compares those two and does not rank the people who use them.
The PFA
An authorised natural person working mainly with their own labour, entered in the trade register (art. 2(i) OUG 44/2008, 2008 text). It is not a company: liability is unlimited after any assets set aside for the business.
The SRL with one member
A company that one person may form with the articles only (art. 5(2) Law 31/1990, text of January 2024). Its members answer only up to the subscribed capital (art. 3(3)). All company forms are compared in Romanian legal forms.
The sole enterprise
Named in OUG 44/2008 beside the PFA (întreprindere individuală in Romanian). Under the 2008 text it may hire employees where a PFA may not (art. 17, 24). This guide does not cover it further.
Independent, not dependent, activity
The Fiscal Code counts an activity as independent only if at least 4 listed criteria are met, one being freedom to work for several clients (art. 7 pt. 3, 2026 consolidation). The test is set out below.
How do the PFA and the SRL compare rule by rule?
The rows restate rules from the sources and carry no verdict. Choosing between the two forms is tax consultancy (art. 3(1)(a) OG 71/2001), so it goes to a conversation with a CCF tax consultant (a member of the tax consultants' body) or a CECCAR accountant (a member of the accountants' body).
| Rule | PFA | SRL |
|---|---|---|
| Legal status | An authorised natural person | A company; one member allowed |
| Liability | All personal assets, after any assets set aside for the business | Up to the subscribed share capital |
| Capital | None stated in the 2008 text | Minimum 500 lei when newly formed |
| Who may register | Romanian, EU and EEA citizens; a third-country national on the D/AE visa where the activity is regulated by special laws | Natural and legal persons may found an SRL, and owning one needs no visa (art. 1(1) Law 31/1990, text of January 2024); the D/AC visa exists for a non-EU shareholder with management duties in a Romanian company |
| Income tax on the activity | 10 percent on independent income | 1 percent micro tax or 16 percent profit tax |
| Taking money out | The income itself, taxed as above | Dividends: 16 percent final tax |
| Pension and health | CAS from 12 gross minimum wages, CASS base capped at 72 | Salary and dividend rules |
| Books | Single-entry | Full accounts |
| Micro regime | Not available | Available within conditions |
| VAT exemption | Up to 395,000 lei | Up to 395,000 lei |
| Annual return | Single return by 25 May | The company's own returns |
Who can register as a PFA, and what does a non-EU citizen need?
The 2008 text names who may register, and the immigration ordinance carries the PFA rules to foreigners. Owning an SRL needs no visa (art. 1(1) Law 31/1990, text of January 2024). For a non-EU citizen, living or working in Romania follows the immigration rules of OUG 194/2002; how the visa fits with a PFA registration is not stated here.
Romanian, EU and EEA citizens
The 2008 text gives Romanian citizens and citizens of other EU and EEA states the right to carry on economic activity as a PFA, sole enterprise or family enterprise (art. 3(1) OUG 44/2008).
Third-country nationals
The immigration ordinance applies the PFA rules to a foreigner who will carry on economic activities regulated by special laws, on the long-stay visa D/AE (art. 41(1)-(2) OUG 194/2002, April 2026 consolidation). The Ministry of Foreign Affairs says the PFA ordinance in fact applies to foreigners.
The D/AE file
The file includes proof that the special law's conditions are met (art. 41(1)(a)), travel medical insurance with cover of at least EUR 30,000 (art. 41(1)(b), as amended from 27 April 2026) and a criminal record certificate (art. 41(1)(c)). How the first item is met before a PFA exists is not stated, so no steps are given.
Liberal professions
A different visa, D/AP, is granted for liberal professions regulated by special laws (MAE visa types). OUG 44/2008 does not apply to liberal professions (art. 1(2), 2008 text).
Extension of stay
A foreigner who came for economic activities has the stay extended on proof of the special law's conditions and of means at least at the average gross monthly salary (art. 53 OUG 194/2002). The conditions are those of IGI, the immigration inspectorate.
Age and authorisation elsewhere
The applicant must be at least 18. An EU or EEA national already authorised for an economic activity in another member state may be authorised in Romania for it (OUG 44/2008, 2008 text).
The SRL founder's visa and the digital nomad visa
A non-EU founder of an SRL with management duties uses the D/AC visa, not D/AE (MAE visa types). The digital nomad visa is for income from a company registered outside Romania and is not a route to a Romanian PFA.
For the whole route of a foreigner, see the full guide to starting a business.
Who is the applicant?
Citizens of Romania and of other EU and EEA states
PFA under OUG 44/2008, art. 3(1)
A third-country national
D/AE long-stay visa for activities regulated by special laws, then the PFA rules apply, art. 41(1)-(2) OUG 194/2002
Liberal professions
D/AP visa, outside OUG 44/2008
A non-EU SRL founder with management duties
D/AC visa
The digital nomad visa
Income from a company registered outside Romania, not a route to a Romanian PFA
How is a PFA registered in Romania?
This site files SRL registrations and does not file PFA registrations. The steps follow the 2008 text with two amendments made by the 2022 text of Law 265/2022; no registration time, fee or online-filing route is given for a PFA.
Hold a professional seat
The PFA must have a professional seat (sediu profesional) in Romania and a right of use over the property at that address (art. 5 and 9(2) OUG 44/2008).
Register and obtain authorisation first
Registration and authorisation come before the activity starts (art. 7(1)).
File at the trade register
The application goes to the trade register at the tribunal of the county of the seat (art. 10(1)): identity document, proof of the right of use, a self-declaration and, where a special law asks, qualification proof (annex pt. 1).
Sign the declaration
By signing, the applicant takes responsibility that no final judgment bars the right to exercise the activity (art. 130 pt. 1 Law 265/2022, 2022 text, inserting art. 8(4) in OUG 44/2008).
Complete an incomplete file
A term of at most 15 days is given to complete an incomplete file, and it can be extended on the applicant's reasoned request (art. 11(3)).
Receive the certificate
The certificate with the CUI, the unique registration code, proves registration, authorisation of operation and tax registration (art. 13(3)).
Three rules follow registration. One registration certificate is issued per legal status, so a person holds one PFA (art. 14(1)). Licences and permits that special laws require are still needed before starting (art. 6(2)). A temporary interruption may not exceed 3 years (art. 130 pt. 2 Law 265/2022, 2022 text, inserting art. 14(8)).
How is a self-employed person taxed in Romania in 2026?
The Fiscal Code (Law 227/2015, ANAF consolidation to Law 170/2026) taxes a PFA's income as independent income. ANAF is the tax administration. This guide states the rules and computes nothing for a person.
10 percent on independent income
Independent income covers production, trade, services and liberal professions (art. 67(1)). The income tax rate is 10 percent (art. 64(1)).
The real system
Net income is gross income minus deductible expenses, taken from the books (art. 68(1)). Which expenses are deductible is a question for the accountant.
The income norm
For activities other than liberal professions, net income can be set by the income norm (normă de venit) of the place of activity (art. 69(1)), for activities on the Ministry of Finance list. A norm may not be below 12 gross minimum wages (art. 69(3)).
The EUR 25,000 switch
A taxpayer on a norm whose previous-year gross income exceeded the lei equivalent of EUR 25,000 must use the real system from the next fiscal year (art. 69(9)).
The two-year option
An option for the real system binds the taxpayer for 2 consecutive fiscal years (art. 691(2)).
The single return
The single return (Declarația unică) is filed by 25 May of the year after the income was earned (art. 122(3)). Who prepares it is covered in the section on books and returns below.
How much CAS and CASS does a PFA pay?
CAS is the pension contribution and CASS the health contribution. Both are set in gross minimum wages, so the table prints bands, not lei amounts.
| Line | Rate and when due | Base | Article |
|---|---|---|---|
| CAS, when due | 25 percent; due when the year's cumulated independent income reaches at least 12 gross minimum wages; not owed by pensioners or by persons insured in their own pension systems | Not 25 percent of all income, see the next row | art. 138(a), 148(1), 150(1) |
| CAS, base | As above | A base the taxpayer chooses: at least 12 minimum wages for income between 12 and 24, at least 24 at or above 24 | art. 148(2) |
| CAS below 12 | Optional | The taxpayer's choice, not below 12 minimum wages | art. 148(4) |
| CASS, rate and cap | 10 percent of the year's net income | The base is capped at 72 gross minimum wages | art. 156, 170(1) |
| CASS, floor | Where the base is below 6 minimum wages the PFA pays up to the level of 6, unless it already pays CASS on at least 6 from salary or other income, or has a pension | 6 minimum wages | art. 174(6)-(7) |
| Loss | A tax loss or zero net income means no CASS on it, with an opt-in | None | art. 174(2) |
No lei amount is printed. The bands use the gross minimum wage in force on 1 January of the income year (art. 1351(3) Fiscal Code); its 2026 level in lei is a question for a CCF tax consultant or the accountant.
CAS is a base the taxpayer chooses within floors, not 25 percent of all income, and below 12 minimum wages it is optional, on a base of at least 12. A tax loss or zero net income means no CASS on it (art. 174(2)).
CAS and CASS bands, in gross minimum wages
CAS, pension, 25 percent
- 12 minimum wagesOptional below 12; due from 12, on a chosen base of at least 12 for income between 12 and 24art. 148(1), 148(2), 148(4), 150(1)
- 24 minimum wagesA chosen base of at least 24 at or above 24art. 148(2)
CASS, health, 10 percent
- 6 minimum wagesA floor base of 6, unless CASS is already paid on at least 6 from salary or other income or the person has a pensionart. 174(6)-(7)
- 72 minimum wagesThe base is capped at 72art. 156, 170(1)
A tax loss or zero net income means no CASS on it, with an opt-inart. 174(2)
Fiscal Code, 2026 consolidation. Both tracks use the same unit, gross minimum wages; no lei amount is printed.
How do liability, staff, books and the payment account differ?
These are the points a freelancer meets after the tax: who answers for debts, what capital is needed, who may be hired and who keeps the books.
Liability
A PFA answers with the assets set aside for the business, if any, and then with all personal assets (art. 20(1) OUG 44/2008, 2008 text). SRL members answer only up to the subscribed share capital (art. 3(3) Law 31/1990, text of January 2024).
Capital
The PFA rules state no capital. A newly formed SRL needs a minimum share capital of 500 lei since 18 December 2025 (Art. VI(2) Law 239/2025); the 500 lei does not oblige an existing low-turnover SRL to top up.
Employees
Under the 2008 text a PFA may not hire employees (art. 17(1)) and a sole enterprise may (art. 24). The text in force today may differ, so no current hiring rule is given.
A job at the same time
A person may be a PFA and an employee of a third party at once (art. 17(2)). An SRL member may also hold a paid mandate, shown in the SRL tax table below.
Books
A PFA keeps single-entry books (art. 15). An SRL keeps full accounts (art. 1(1) Law 82/1991), through a CECCAR member under a contract (art. 10(3)) or, as a rule, its own department (art. 10(2)).
The payment account
Legal persons must hold a payment account in Romania, and a newly formed one opens it within 60 working days (Art. II pt. 3 Law 239/2025). The text names legal persons; this guide does not extend it to a PFA.
Want the SRL filing steps talked through? We prepare and file SRL registrations; the choice of form stays with a tax consultant.
What does the SRL side look like on tax?
Micro tax, profit tax and dividends make up the SRL's tax picture. The micro rules in full, with the employee condition, are in the guide to the turnover-based micro company tax; here they are one row.
| Item | Rule | Article |
|---|---|---|
| Micro regime access | Only a Romanian legal person can be a micro-enterprise, so a PFA cannot use it | art. 47(1) |
| Micro rate and ceiling | 1 percent; revenue ceiling the lei equivalent of EUR 100,000 | art. 51(1), 47(1)(c) |
| Paid administrator | An administrator under a mandate contract (contract de mandat) paid at least the national gross minimum wage satisfies the employee condition | art. 51(4)(b) |
| Profit tax | 16 percent of taxable profit, for an SRL outside the micro regime | art. 17 |
| Dividends | 16 percent final tax on dividends to individuals, withheld by the paying company | art. 97(7) |
| Dividends and CASS | For a Romanian-insured shareholder, dividends net of the tax withheld count towards CASS in flat bands of 6, 12 or 24 minimum wages; dividends are not in the CAS base | art. 170(2)-(4) |
The formation process itself is described on SRL in Romania. Where the articles are bespoke, a partner Romanian lawyer prepares them (Law 51/1995 art. 3(1)(c), 3(2)); that is lawyer work.
Can a PFA and an SRL be kept at the same time?
A person holds one PFA, since one registration certificate is issued per legal status (art. 14(1) OUG 44/2008, 2008 text). The same person may be a PFA and an employee of a third party (art. 17(2)).
For the SRL's micro ceiling, the revenue of a PFA or sole enterprise run by a shareholder holding more than 25 percent is added (art. 47(11)(d) Fiscal Code). Keeping both does not split turnover for that test, and the PFA itself cannot use the micro regime. Whether to hold both is a question for a CCF tax consultant.
What is the independent-activity test, and why does a one-client freelancer need to know it?
The Fiscal Code counts an activity as independent only if at least 4 of the listed criteria are met (art. 7 pt. 3, 2026 consolidation). One criterion is the freedom to work for several clients (pt. 3.2).
A freelancer with a single client may be tested against that list. What follows from failing the test is not set out here: it is a question for a CCF tax consultant.
Does a self-employed person in Romania have to register for VAT?
Under the special exemption regime (regim special de scutire), a taxable person established in Romania with annual turnover not above 395,000 lei may stay outside VAT (art. 310(1) Fiscal Code, 2026 consolidation). The article speaks of any taxable person established in Romania, so it reaches a PFA as well.
An exempt person must still request a special VAT code (art. 317(1)(b), (c)) before supplying services to a customer in another member state who owes the VAT there, or before receiving services from a supplier in another member state for which the recipient owes the VAT in Romania. That code does not make the person a normal VAT payer (art. 317(10)). No VAT code is promised: a company registered for VAT is subject to an ANAF risk analysis after registration (art. 316(9)). The VAT number and its registration are covered on this site's VAT pages.
Who keeps the books, files the return and decides the form?
Three tasks fall outside this guide and outside RomaniaRegist's work, and the statutes say who does each.
The books
A company's outsourced accounting needs a contract with an authorised CECCAR member (art. 10(3) Law 82/1991), and unauthorised practice is a criminal offence (art. 43(1) OG 65/1994). RomaniaRegist does not keep books.
The return
Accounting work done for clients is reserved to CECCAR members entered in the register as expert contabil (chartered accountant) or contabil autorizat (licensed accountant) (art. 21(1) OG 65/1994); a company's own department is the other route (art. 10(2) Law 82/1991). A PFA's single return is made by the PFA or by a CECCAR accountant under a contract. RomaniaRegist does not prepare or sign returns.
Choosing the form, answering ANAF, appeals
Choosing a form or regime for a person, giving a tax opinion, answering ANAF in a procedure and appeals are tax consultancy (art. 3(1)(a), (e), (f) OG 71/2001). They go to a CCF tax consultant or a CECCAR accountant. This guide recommends nothing.
From our practice
Alexandra Neagu sets out the same statutory rules as the tables above and refers the choice to a CCF tax consultant or the client's accountant, because the choice is tax consultancy.
VAT, customs and tax compliance lead.
Which questions does this guide leave open?
The questions below are not answered in this guide.
- Whether a person living abroad may keep a PFA, and the tax residence effects of moving
- CAS and CASS for a freelancer insured in another EU state (the A1 certificate question)
- How a non-EU applicant meets the D/AE condition before a PFA exists, and registers
- The current text of OUG 44/2008 after later amendments: hiring, activity codes, citizens
- The fee, any online filing route and the current issue term of the PFA certificate
- The consequences of failing the independent-activity test
- Deductible expenses in the real system and the activities eligible for the income norm
- Whether the payment-account duty reaches a PFA
- The 2026 gross minimum wage in lei
- Which average gross salary IGI applies to the extension of stay
For each of these the answer belongs to a CCF tax consultant, the client's accountant or IGI, not to this guide. No answer is guessed.
Official sources
The rules and figures above come from these texts, plus Law 51/1995 art. 3, cited by name in the SRL section.
- OUG 44/2008, 2008 text: PFA status, registration, liability, books
- OUG 194/2002, IGI consolidation of April 2026: D/AE and D/AP visas, extension of stay
- Ministry of Foreign Affairs e-visa list: D/AE documents, foreigners and the PFA ordinance
- Ministry of Foreign Affairs e-visa types: D/AP, D/AC and the digital nomad visa
- Law 265/2022, 2022 text: PFAs in the trade register, art. 4 and 130
- Fiscal Code, Law 227/2015, 2026 consolidation: tax, CAS, CASS, VAT
- Company Law 31/1990, January 2024 text: liability, one-member SRL
- Law 239/2025, Art. VI(2): 500 lei minimum capital of a new SRL
- Law 239/2025, Art. II pt. 3: payment account of legal persons
- Accounting Law 82/1991: full accounts and outsourced accounting, art. 1 and 10
- OG 65/1994: accounting work for clients reserved to CECCAR members, art. 21 and 43
- OG 71/2001, CCF copy: tax consultancy, art. 3
Frequently asked questions about the PFA and the SRL
Which is better for a freelancer in Romania, a PFA or an SRL?
This guide does not say, because choosing a form or regime for a person is tax consultancy (art. 3(1)(a) OG 71/2001). It sets the statutory rules of both forms side by side in a table. The choice goes to a conversation with a CCF tax consultant or a CECCAR accountant, who can work from the person's own figures.
Am I personally liable for the debts of my PFA?
Yes, in the end. A PFA answers first with the assets set aside for the business, if any were set aside, and then with all personal assets (art. 20(1) OUG 44/2008, 2008 text). The members of an SRL answer only up to the subscribed share capital (art. 3(3) Law 31/1990, text of January 2024).
Is a PFA a company?
No. A PFA is an authorised natural person working mainly with their own labour (art. 2(i) OUG 44/2008, 2008 text). The SRL is the company, and one person may form it with the articles only (art. 5(2) Law 31/1990, text of January 2024). The two differ on liability, capital, tax and books.
Can a foreigner register as a PFA in Romania?
The 2008 text gives the right to Romanian, EU and EEA citizens (art. 3(1) OUG 44/2008). The immigration ordinance extends the PFA rules to a third-country national on the D/AE visa (art. 41(1)-(2) OUG 194/2002), and the Ministry of Foreign Affairs says they apply to foreigners in fact. The D/AE file steps are not given here.
Can a non-EU citizen be self-employed in Romania, and which visa applies?
For an economic activity regulated by special laws the visa is D/AE (art. 41(1) OUG 194/2002), for a liberal profession D/AP, and a non-EU SRL founder with management duties uses D/AC. The stay is later extended on proof of means at least at the average gross monthly salary (art. 53). The conditions are IGI's, and no visa is promised.
Do I need to live in Romania to have a PFA?
A PFA needs a professional seat in Romania and a right of use over that address (art. 5 and 9(2) OUG 44/2008, 2008 text). Whether a person living abroad may keep a PFA, and what moving in or out of Romania does to tax residence, is not settled here. A CCF tax consultant answers that.
What is the difference between a PFA and an SRL?
A PFA is a natural person with unlimited liability after allocated assets, no stated capital, 10 percent income tax and single-entry books. An SRL is a company: its members answer up to the subscribed capital, a new one needs at least 500 lei, and it pays 1 percent micro tax or 16 percent profit tax and keeps full accounts.
How is a PFA taxed in 2026?
Independent income is taxed at 10 percent (art. 64(1) Fiscal Code). Net income comes from the books, the real system (art. 68(1)), or from the income norm for eligible activities (art. 69(1)). The single return is due by 25 May of the following year (art. 122(3)). CAS and CASS come on top, within their thresholds and exceptions.
How much CAS and CASS does a PFA pay?
Bands, not lei: the 2026 minimum wage level is not confirmed. CAS, 25 percent, is due once cumulated income reaches 12 gross minimum wages, on a chosen base (art. 138(a), 148), but not for pensioners or persons insured in their own pension systems (art. 150(1)). CASS, 10 percent, applies to net income, capped at 72 minimum wages (art. 156, 170(1)).
Can a PFA use the 1 percent micro-enterprise tax?
No. Only a Romanian legal person can be a micro-enterprise (art. 47(1) Fiscal Code), and a PFA is a natural person. An SRL can use the 1 percent rate within the revenue ceiling of the lei equivalent of EUR 100,000 (art. 51(1) and 47(1)(c)), under further conditions set out in the micro company tax guide.
What is an income norm (normă de venit) and who can use it?
It is a fixed net income set for an activity at the place where it is carried on, used instead of the books for activities other than liberal professions (art. 69(1) Fiscal Code). Only activities on the Ministry of Finance list qualify. A norm cannot be below 12 gross minimum wages (art. 69(3)).
Can I keep a PFA and an SRL at the same time?
The rule stated is about the micro ceiling: the revenue of a PFA or sole enterprise run by a shareholder holding more than 25 percent is added when the SRL tests it (art. 47(11)(d) Fiscal Code). Keeping both does not split turnover for that test. Whether to hold both is a question for a tax consultant.
Does a self-employed person in Romania have to register for VAT?
Not for the standard regime if turnover stays low. A taxable person established in Romania with annual turnover not above 395,000 lei may stay outside VAT under the special exemption regime (art. 310(1) Fiscal Code). An exempt person must still obtain a special VAT code in the cross-border service cases listed in art. 317(1)(b), (c).
What are the tax laws for self-employed individuals in Romania?
The Fiscal Code, Law 227/2015, holds them: independent income (art. 67), the 10 percent tax (art. 64), the real system and the income norm (art. 68 and 69), the single return (art. 122), CAS (art. 138 and 148) and CASS (art. 156, 170 and 174). Whether an activity counts as independent is tested under art. 7 pt. 3.
Questions about an SRL filing? RomaniaRegist answers them Monday to Friday, 09:00 to 18:00 Bucharest time.