4643

Authorization procedure and Trade Register aspects for CAEN 4643

CAEN code 4643, according to the Classification of Activities in the National Economy, covers wholesale trade of household electrical appliances, radio and television sets. For registration with the Trade Register (ONRC), the legal entity or PFA must submit the registration application to the trade register, the certificate of registration (if applicable) and mention CAEN code 4643 as the main or secondary activity. No special prior approvals from other institutions are required for simply registering this code, however, if the activity also involves service or warranties, authorizations from the Ministry of Economy or Consumer Protection may be necessary. According to Law 359/2004, upon registration, a sworn declaration is submitted confirming compliance with the legal operating conditions. In the case of trade in electrical products, it is mandatory to comply with regulations regarding product safety and CE marking. Economic operators must ensure that the products they market comply with Directive 2014/35/EU (low voltage) and Regulation 765/2008 on accreditation and market surveillance. For imports, specific customs procedures apply and, possibly, additional certifications from the authorized Inspection Body.

Regulatory framework, specific approvals and control institutions

The main normative act regulating this activity is Law 245/2004 on general product safety, and control is exercised by the National Authority for Consumer Protection (ANPC) and the Territorial Labor Inspectorate (ITM) for aspects related to occupational safety and health. Companies engaged in wholesale trade must hold provenance documents for each batch of goods, issue tax invoices according to the Fiscal Code, and comply with reporting obligations in the RO e-Factura system for B2B operations. Also, if products containing hazardous substances (e.g., batteries or accumulators) are marketed, the REACH Regulation applies and registration with the National Agency for Chemical Substances is required. For electrical appliances, energy labeling is mandatory in accordance with EU Regulation 2017/1369. Inspections may also be carried out by the Financial Guard regarding financial-accounting documents. Environmental permits are not required unless there is a depot for waste electrical and electronic equipment, in which case Government Emergency Ordinance 5/2015 on waste electrical and electronic equipment applies.

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

From a fiscal perspective, the wholesale trade activity CAEN 4643 is subject to the general rules of the Fiscal Code. Value Added Tax (VAT) applies at the standard rate of 19% for most products, except for special cases (e.g., exports or intra-Community supplies which are exempt). Companies must register for VAT with the Tax Authority (ANAF) and submit monthly D300 and D394 returns (or optionally D311). Major fiscal risks: incorrect treatment of commercial discounts, rebates or promotions; stock adjustments and inventory differences; incorrect declaration of income. ANAF may initiate a tax audit to verify the reality of operations, focusing on transport and provenance documents. Accounting must comply with Order of the Ministry of Public Finance 1802/2014; it is mandatory to use accounts from class 3 (stocks) and class 4 (third parties), with stock valuation at acquisition cost or standard cost. Expenses for transport, handling and storage services are deductible within the limits provided by law. For accurate records, it is recommended to implement an integrated management information system, as the large number of SKUs and price fluctuations increase the risk of fiscal error. The annual corporate income tax return is due by March 25 for the previous fiscal year, and advance payments are made quarterly. For PFAs, income tax is calculated based on income norms or single-entry bookkeeping. Additionally, the D406 (SAF-T) return regarding tax registers and financial statements must be submitted. Regarding fraud risk, it is recommended to check business partners in the ONRC database and to respect the principle of economic substance in all transactions.