3031

Authorization procedure and Trade Register aspects for CAEN 3031

CAEN class 3031 covers the manufacture of civil aircraft and spacecraft. Registration with the Trade Register (ONRC) is done through the single declaration and the standard application form according to Law 359/2004. Mandatory: the main object of activity must be '3031 - Manufacture of civil aircraft and spacecraft', and upon incorporation a sworn declaration regarding compliance with operating conditions must be submitted. The revised CAEN coding (NACE Rev. 2) includes manufacture of aircraft engines (CAEN 3030) and repair (CAEN 3316), but 3031 is strictly limited to assembly and production of structural components. Attention: if military equipment is also manufactured, the CAEN code 3040 (manufacture of military fighting vehicles) must be registered as well.

Regulatory framework, specific permits and control institutions

The activity is regulated by the Romanian Civil Aeronautical Authority (AACR) for civil aircraft (including ultralights) and the Romanian Space Agency (ROSA) for spacecraft. An air operator certificate (for maintenance) is not required for production, but for export the EASA rules apply. ISCIR permits for pressurization and environmental authorizations (APM) for emissions are required. Labour inspection (ITM) checks specific safety rules for assembly lines; an Integrity Assurance System (SAI) according to EU Regulation 1321/2014 is mandatory.

Tax management, ANAF audit risk and specific accounting

Aircraft manufacturing involves capitalizable development costs (IAS 38; OMFP 1802/2014). Under ORDER 2634/2015, semi-annual financial statements are recommended for monitoring collections and payments. The Tax Authority (ANAF) will verify the correctness of depreciation (fixed assets with a useful life of 10-20 years). VAT: delivery of large commercial aircraft is exempt with deduction right under art. 294 para. (3) lit. a) of the Fiscal Code; for parts and subassemblies reverse charge applies (art. 331). The most frequent fiscal risk indicators: cross-border transactions with related parties (transfer pricing) and thin capitalization (art. 43^2 Fiscal Code). Mandatory: preparation of transfer pricing documentation if exceeding 200,000 EUR annually. Also, Excise duties: fuels for testing are declared through statement 100. Inventory management of raw materials (composites, titanium) is done using FIFO or standard cost methods, approved by ANAF. Major risk: failure to declare operational leasing operations with purchase option – reclassified as financial leasing (art. 41^1 Fiscal Code). Recommended: EASA Form 1 contract for traceability and periodic assessment of impairment loss (IAS 36).