The High Court of Cassation and Justice (ÎCCJ) has definitively ruled that the National Agency for Fiscal Administration (ANAF) must reimburse OMV Petrom the amount of 435.6 million lei, representing VAT and fiscal accessories.
The money was paid in 2013 following a transaction concluded in 2008 when OMV Petrom took over the oil services activity from Petromservice, as reported by the publication Profit.
The takeover in 2008, totaling 1.43 billion lei, included assets, equipment, and approximately 10,000 employees. Initially, Petromservice issued invoices with VAT, amounting to over 228 million lei, fully paid by OMV Petrom.
However, the companies agreed to await an official opinion from ANAF regarding the tax treatment. ANAF issued a draft tax solution stating that the transaction would have been VAT-exempt. Consequently, Petromservice canceled the invoices, issued new ones without VAT, and requested the state to refund the amount, which it received in August 2008.
In less than a year, Petromservice entered insolvency.
ANAF has changed its position several times
In 2009, following inspections, ANAF decided that the transaction was indeed subject to VAT and issued a tax assessment to Petromservice (now PSV Company) amounting to 278 million lei. At that time, OMV Petrom also deducted the initially paid VAT.
However, after a new inspection in 2012, the Tax Authority changed its opinion again, determining that the transaction was VAT-exempt and that OMV Petrom was not entitled to deduction since it did not possess "valid invoices" with VAT.
Payment of 435 million lei and legal proceedings
In February 2013, OMV Petrom paid the amount imposed by ANAF - 435.4 million lei, of which 228 million was VAT, the rest being interest and penalties. In December 2013, the company sued ANAF, seeking the reimbursement of the money, as mentioned by the cited source.
The process was suspended until November 2023 when ÎCCJ definitively established that the transaction was subject to VAT. Following the resumption of the trial, OMV Petrom won definitively in June 2025.
High Court's ruling: ANAF must refund the money
On June 4, 2025, ÎCCJ definitively ruled that ANAF is obligated to fully refund the amount of 435,659,639.17 lei, plus 150,000 lei in court costs. The appeal filed by ANAF and the Ministry of Finance was dismissed as unfounded.
According to the company, this decision had a net positive impact of around 200 million lei on the operational result for the second quarter of 2025. Alina Popa, the CFO of OMV Petrom, stated that this is a tax situation "over 10 years old."