2932

Authorisation procedure and Trade Register aspects for NACE 2932

For registration with the Trade Register (ONRC) of a company carrying out the activity Manufacture of other parts and accessories for motor vehicles and for motor vehicle engines, the standard registration procedure applies, without special minimum share capital conditions (only 1 RON for SRL). The registration application is submitted through the ONRC service, together with the constitutive documents and proof of registered office. The main activity will be recorded as 2932, and the secondary NACE code may include related activities, such as metal processing, manufacture of sub-assemblies or wholesale trade. For the registered office, a sworn declaration according to Law 359/2004 is required, by which the administrator confirms that the property meets the operating conditions. No prior approvals from regulatory institutions are required, but the company must be registered with the Trade Register within 15 days from the date of conclusion of the constitutive act. After registration, a certificate of registration is requested, which attests the registration and the unique registration code. For current operations, any change of registered office, shareholders or object of activity must be notified to ONRC by the standard form and payment of the corresponding fees.

Regulatory framework, specific approvals and control institutions

The activity of manufacturing parts for motor vehicles is regulated by technical and safety standards, including regulations on product conformity (SR EN ISO 9001, IATF 16949 for the automotive industry). There is no specific operating approval for NACE code 2932, but the company must comply with environmental protection rules (environmental permit from the Environmental Protection Agency, if certain emission thresholds are exceeded) and fire safety rules (ISU approval). Also, for resulting industrial waste (oils, metals, paints), obtaining an environmental permit and keeping records in accordance with waste legislation is required. The relevant control institutions are: the Environmental Guard (for inspections on waste management), the Territorial Labour Inspectorate (for occupational safety) and the National Authority for Consumer Protection (if the parts are sold directly). For the export of parts, certificates of origin or CE declarations of conformity may be required. The company must also register with the Register of Operators in the Food Industry, if it produces parts that come into contact with food, but this is not typical for NACE 2932. In the case of the manufacture of parts for road vehicles, the UNECE Regulation or specific European directives apply (for example, for brakes, steering systems).

Tax management, ANAF audit risk and specific accounting

For NACE 2932, the standard tax regime is corporate income tax (16%) or micro-enterprise income tax, if the turnover and number of employees conditions are met. The company must register as a VAT payer upon incorporation or after exceeding the threshold of RON 300,000 (the RO e-Factura system applies to all invoices issued in B2B relationships). From an accounting point of view, inventories of raw materials (steel, aluminium, plastics) and finished products (auto parts) must be valued at acquisition cost or production cost. Expenses for tools, dies and machinery are tax deductible, depreciated according to the normal useful life (classification of fixed assets). For parts sold under warranty, provisions are constituted according to Government Emergency Ordinance 81/2003. The risk of ANAF audit is medium to high, given the specifics of the automotive industry, where intra-Community transactions, VAT adjustments and the correct application of margins can be verified. ANAF may request documents on production costs, warehouse records and job descriptions. For employees, social contributions (CAS, CASS, CAM) are calculated on the gross salary, and for overtime, legal allowances apply. The company must file the monthly return (D112) and the annual return (D101). Also, for VAT returns, monthly reporting is recommended to benefit from fast refund. If the company carries out export operations, VAT refund with prior inspection may be requested. In the case of subcontracting some production stages, invoices must meet the deductibility conditions according to the Fiscal Code. Audit risks also include incorrect treatment of the commercial margin (profit margin) in transactions with related parties, according to transfer pricing.