In brief
- The Ministry of Finance has approved form 183, „Declaration on the annual average value of the commercial markup”. It is filed by economic operators that import, produce, distribute or sell petrol and diesel.
- The deadline is short: 5 days from the publication of the order, that is by 17 August 2026. The declaration is submitted electronically, on e-guvernare.ro, using the assistance software.
- The figures to be declared are those for 2025: the revenue from the sale of the products, the acquisition or production cost and the quantity sold, from which the average commercial markup per litre or per tonne results. That figure becomes the benchmark against which the markup cap in Law no. 162/2026 is applied.
Published: Official Gazette of Romania (Monitorul Oficial) no. 669 of 12 August 2026
In force from: 12 August 2026
Anyone who sells petrol or diesel in Romania has, as of 12 August 2026, five days to tell the state how much they earned on every litre sold in 2025. This is not a statistic, it is the basis for calculating a price cap that is already in force. Order of the Minister of Finance no. 1.019/2026 was published in Official Gazette of Romania no. 669 of 12 August 2026 and approves the model, the content and the completion instructions for form 183, „Declaration on the annual average value of the commercial markup”.
The order does not come alone. It implements Article 2 of Law no. 162/2026, the act that declared the state of crisis on the crude oil and petroleum products market, capped the commercial markup on motor fuels, temporarily cut the excise duty on diesel and introduced the solidarity contribution for the large extractors and refiners. The law entered into force on 7 August 2026, and the form is the instrument that turns the cap into something calculable.
The logic is simple. The cap is set against a reference level, and that level is the average commercial markup applied by each operator in 2025. For the benchmark to exist, the state needs the figures of every operator, declared on their own responsibility, subject to the penalties for false statements.
The form is completed separately for each type of product. A distributor that sells both petrol and diesel does not file a single average figure, but one table for each product, because the markup is capped at the level of each of them.
The same law also lies behind the compensation for hauliers: 43 bani a litre instead of 85, for as long as the excise duty stays cut by 25%.
What it changes in practice
The deadline is 5 days from publication, so 17 August 2026. It is stated explicitly in point 4 of the completion instructions, annex no. 2. For an act that asks for accounting data aggregated over the whole of 2025, this is a tight deadline.
The calculation follows a fixed, verifiable formula. Row 4 of the declaration is the ratio between the revenue from the sale of the products minus the expenses corresponding to the acquisition or production cost, divided by the total quantity sold. The result is expressed in lei per litre or lei per tonne and reads directly as the average unit markup.
The figures must match the 2025 accounts. The instructions repeat three times the phrase „as recorded in the accounts in 2025”. What is declared is not an estimate or a market average, but amounts that can be checked against the trial balance.
Refining and the first sale are exempt. The obligation to declare does not cover refining and the first sale of the products resulting from crude oil processing, nor the import followed by the first sale of imported petroleum products, the situations set out in Article 2 paragraph (11) of Law no. 162/2026. The obligation is focused on the wholesale and retail distribution segment.
Filing is exclusively electronic. The form is completed with the assistance software and submitted through remote electronic means, on e-guvernare.ro. There is no paper version, and the document circulates in electronic format and is archived in the tax file.
Corrections are made through a complete amending declaration. If the operator gets something wrong, it files the same form with an „X” ticked in the box provided for that purpose, but completed in full, including the data that does not differ from the initial declaration. It is not possible to send only the corrections.
The declaration may also be filed through an authorised representative. Section C of the form is completed where the declaration is filed by an authorised representative, under the conditions of Article 18 of the Fiscal Procedure Code. The external accountant or the tax consultant may sign, provided the mandate is registered.
What has changed compared with the previous situation
Until now, the commercial markup on motor fuels was a piece of business information, not a tax one. Operators calculated it internally, reported it to shareholders where relevant, but declared it to no one. Form 183 turns it into a tax declaration, with a regime of its own and criminal liability in the event of false statements.
The second change concerns the mechanics of the cap. Law no. 162/2026 established that the commercial markup is limited, but the limit could not work without a common starting point. The order creates exactly that starting point: the 2025 average, declared by each operator, for each type of product.
Third, the obligation applies along the entire length of the distribution chain, not only to filling stations. Importers, producers of petrol and diesel, wholesale distributors and retailers all fall under the same declaration, with the express exception of refining and of the first sale.
Finally, a new form appears in the nomenclature of tax declarations, with its own characteristics of editing, distribution, use and retention, approved by annex no. 3. It is not an adaptation of an existing form, but a document created specifically for the crisis period.
Advantages and disadvantages
What it improves
- The markup cap in Law no. 162/2026 becomes workable in practice, because the numerical benchmark against which it is measured now exists.
- The calculation formula is written out explicitly in the form, so it leaves little room for interpretation between the operator and the tax authority.
- Declaring separately by type of product prevents a large markup on petrol from being hidden behind a small one on diesel.
- Exempting refining and the first sale avoids double reporting of the same margin at two links in the chain.
- Fully electronic filing, with assistance software, cuts down completion errors and administrative cost.
- The option of filing through an authorised representative lets small companies rely on their external accountant, with no additional procedures.
What remains a problem
- Five days for accounting data aggregated over an entire year is a very short deadline, especially for operators with many places of business.
- The deadline runs from publication, not from the moment the assistance software actually becomes available for download.
- The order does not itself set out the penalty for failure to file, which has to be looked up in the general regime of tax declarations and in Law no. 162/2026.
- The reference year is 2025, so an operator that entered the market in 2026 has nothing to declare, and the order does not say explicitly what happens in that case.
- The form asks for a single annual average value, which hides the real seasonal swings in the margin.
- The amending declaration has to be completed in full, so a single wrong figure means redoing the entire document.
Practical advice
- Check first whether the obligation applies to you. If your activity is refining and the first sale of the products resulting from crude oil processing, or import followed by the first sale, you are exempt under Article 2 paragraph (11) of Law no. 162/2026.
- Take the three figures out of your accounts, for each product: the sales revenue, the acquisition or production cost and the quantity sold in litres or tonnes, exactly as they were recorded in 2025.
- Fill in a separate table for each type of product. Petrol and diesel are not aggregated into a single average.
- Check the unit of measurement before you submit. Mixing litres with tonnes in the same row completely changes the result on row 4.
- Download the assistance software in good time from the Ministry of Finance website. The declaration is completed and edited exclusively with it.
- If you file through an accountant or a consultant, complete section C and make sure the power of attorney is registered in accordance with Article 18 of the Fiscal Procedure Code.
- Keep the calculation note. The declaration is given subject to the penalties for false statements, and the figures have to be reproducible from the 2025 trial balance.
Frequently asked questions
Who has to file form 183?
What is the filing deadline?
Which year is declared?
How is the average commercial markup calculated?
How is the declaration submitted?
What do I do if I got a figure wrong?
Can my accountant file the declaration?
Original text of the legal act
The text below is reproduced in Romanian, the official form of publication.
The full text, as published in the Official Gazette of Romania
Official Gazette of Romania no. 669 of 12 August 2026 8 pages PDF, 102 KB the act starts on page 2
Open the official PDFDownload the PDF
The viewer is not shown on small screens. Use the buttons above to open or download the file.
This article is for informational purposes only and does not constitute legal advice. For specific situations, consult a licensed attorney or tax advisor.
