4613

Authorization procedure and Trade Register aspects for NACE 4613

Setting up a company with the main activity NACE 4613 – Brokerage in the trade of timber and construction materials – is carried out by submitting to the Trade Register (ONRC) the registration application, the affidavit pursuant to Law 359/2004 and the constitutive documents. The NACE code must be mentioned in the Articles of Association, at the registered office. No prior approvals are required for incorporation, but verification of the registered office (proof of right of use) is essential.

For NACE code 4613, the Tax Authority (ANAF) may request clarifications regarding the nature of the brokerage – i.e., the company does not carry out actual trade, but facilitates transactions between sellers and buyers, charging a commission. If the director declares that it holds minimum equipment (e.g., office space), no operating permit from the Mayor's Office of a sanitary or fire safety type is necessary. However, if the company holds a warehouse for samples, construction and environmental rules apply.

Regulatory framework, specific permits and control institutions

The main normative act governing brokerage is the Civil Code (mandate/commission agreement). No approvals from the Ministry of Economy or the Ministry of Environment are required for mere brokerage, except where timber or materials are actually handled. Control institutions include ANAF (for taxation and VAT), ONRC (for maintaining the register) and, in specific cases, the Forest Guard if the company carries out operations with timber (via the SUMAL 2.0 system).

Companies with NACE 4613 must comply with the obligations regarding the record of transactions with wood products, if they intermediate wood – Law 171/2010 and Law 46/2008 (Forestry Code). For non-hazardous construction materials (cement, bricks), no additional permits are required. If hazardous substances (e.g., paints, solvents) are intermediated, the WEEE or chemical products regime applies, with notification to ANSPCP.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, for NACE 4613, income is recorded as revenue from services rendered (account 704) – the commissions collected. Deductible expenses include commissions paid to other intermediaries, transport, marketing. VAT applies to the commission (standard rate 19%), with exemption possible if services are provided to intra-Community partners (place of supply – Art. 278 Fiscal Code).

The main ANAF audit risk consists of undeclared commissions and non-compliance with transfer pricing rules (especially if intermediation occurs between affiliated companies). ANAF checks supporting documents (brokerage contracts, commission invoices, bank statements). It is recommended to keep a clear record of contracts, the single declaration for directors and quarterly reports (D300, D301).

For VAT management, the company must be registered in the RO e-Factura system, and issued invoices must be transmitted within 5 days. Expenses for consultancy services are deductible only if documentation rules are met. Specific income tax (micro-enterprise/legal entity) does not apply according to GEO 153/2020 rules – the choice is between profit tax or income tax (if revenues under EUR 1,000,000).

Accounting must strictly record brokerage operations – with accounts 4111 (clients) and 401 (suppliers) separated from any inventories (if any). Monthly trial balance preparation and submission of statements 100, 300, 390 are recommended. The financial year-end requires filing financial statements with ONRC by May 30 of the following year. The VAT adjustment mechanism for pro-rata (if also making supplies) must be monitored monthly.