2892

Authorization procedure and Trade Register aspects for CAEN 2892

Setting up a company with the main activity CAEN 2892 – manufacture of machinery for mining and construction requires prior registration with the Trade Register (ONRC) and obtaining a certificate of registration. The constitutive act must explicitly mention this CAEN class, and the administrator submits a sworn declaration according to Law 359/2004 that the company meets the legal conditions for operation. No prior approvals from other institutions are required for initial authorization, but depending on the specific machinery manufactured (e.g., pressure equipment, mining machinery), subsequent approvals may be needed from the Territorial Labour Inspectorate (ITM) or the National Authority for Consumer Protection. The CAEN 2892 nomenclature includes the manufacture of excavators, bulldozers, crushers, drilling rigs, concrete mixers and construction equipment. When registering, the single form is completed and stamp duties are paid according to Government Emergency Ordinance 117/2000.

Regulatory framework, specific permits and control institutions

Activities under CAEN 2892 are regulated by several normative acts: the Law on Safety and Health at Work (Law 319/2006), the Environmental Protection Law (Law 137/2011 transposing the IED Directive), and the Government Decision on the conditions for placing on the market of equipment and machinery (Machinery Directive 2006/42/EC). For machinery intended for extraction, Government Decision 1408/2009 on equipment for potentially explosive atmospheres (ATEX) applies. Product conformity control is carried out by the National Authority for Consumer Protection and the Labour Inspectorate. Manufacturers must draw up a CE declaration of conformity and affix the CE marking. In relations with the Trade Register, any change of registered office or shareholders must be notified within 15 days.

Tax management, audit risk by the Tax Authority (ANAF) and specific accounting

From a tax perspective, companies operating under CAEN 2892 are liable for profit tax (16%) or micro-enterprise income tax (1% or 3%, depending on turnover and number of employees). VAT applies at the standard rate of 19%. The Tax Authority (ANAF) may initiate an in-depth audit based on the fiscal risk associated with the high value of the machinery produced and intra-Community transactions of parts. Supporting documents – warehouse records, receipt notes, production sheets, invoices issued through the RO e-Factura system – must be kept in accordance with Article 67 of the Fiscal Procedure Code. Specific accounting involves separate recording of raw materials (steel, electronic components, hydraulic cylinders) and calculation of production costs in account 921. Asset verification is performed through accounting entries related to tangible fixed assets (own machinery, assembly lines). We recommend setting up a warranty fund for after-sales service, impacting account 151. The tax vector is established upon registration, including obligations for building and land tax. Tax Authority inspections focus on the tax treatment of repairs and warranties, as well as the erosion of the tax base through transfer pricing in the case of supplies to affiliated companies. Declaration 101 is filed annually by March 25, and declarations 300 (VAT) and 394 (supplies) monthly.