3513

Authorization procedure and Trade Register aspects for NACE 3513

Setting up a company that carries out the activity of transporting electricity (NACE 3513) requires, first of all, registration with the Trade Register (ONRC) with the correct main activity declared. According to the Classification of Activities in the National Economy (CAEN Rev. 2), this class includes the transport of electricity through high-voltage networks, from producers to distributors or directly connected final consumers. At the time of registration, a declaration on one's own responsibility according to Law 359/2004 must be submitted, by which the associates declare compliance with the legal operating conditions. Since the transport of electricity is a regulated activity, the Trade Register (ONRC) will not register the company without prior approvals issued by the National Energy Regulatory Authority (ANRE). Also, the main activity must be worded exactly as in the classification: 'Transport of electricity' (NACE code 3513). The company must have a declared registered office, and the administrator must provide a criminal record and a tax record. Any subsequent modification of the activity object is done by request to the Trade Register (ONRC) and update with the Tax Authority (ANAF).

Regulatory framework, specific approvals and control institutions

The transport of electricity is strictly regulated by the Electricity and Natural Gas Law no. 123/2012, as well as by ANRE regulations (Orders of the ANRE President). To operate legally, the transmission and system operator (TSO) must obtain a transport license issued by ANRE. This involves demonstrating the technical, financial and organizational capacity to manage the transport networks. Subsequently, establishment and operating permits are issued for each power line, transformer station or electrical node. Control institutions include ANRE (monitoring compliance with licenses and tariffs), the Tax Authority (ANAF) (verifying VAT and corporate tax), the Financial Guard (compliance with financial discipline) and the Ministry of Labor (working conditions). The operator must periodically report technical and financial indicators to ANRE and pay system usage tariffs. Failure to comply with licensing conditions entails contravention sanctions (fines from 50,000 lei to 500,000 lei) and even suspension of the license.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, NACE 3513 is treated as a regulated production and service activity, with VAT at the standard rate of 19%. Registration for VAT purposes with the Tax Authority (ANAF) is mandatory before starting operations. Accounting is kept on a double-entry basis, with separate records for transport assets (lines, transformers, equipment) and maintenance costs. Depreciation is calculated according to normal operating lives (e.g., 20-30 years for networks). The risk of an ANAF audit is high, given that the amounts involved are large and there are intra-Community transactions (purchase/sale of electricity). Tax inspections focus on the correctness of VAT deduction on equipment purchases, compliance with transfer pricing rules and correct declaration of income. The operator must also declare the tax vector (tax obligations) monthly, and for employees, the Fiscal Code and mandatory social contributions apply. We recommend implementing a robust accounting system and specialized tax consultancy to minimize the risk of tax base adjustments. Failure to comply with accounting and tax obligations may lead to seizure of assets and even the opening of insolvency proceedings.