4645

Authorization procedure and Trade Register aspects for NACE 4645

To register at the Trade Register (ONRC) for an LLC or sole proprietorship with the main activity NACE 4645 (Wholesale trade of cosmetic and perfumery products), you will complete the single declaration (standard form) and the registration application. No prior approvals from the Public Health Directorate (DSP) or the National Sanitary Veterinary and Food Safety Authority (ANSVSA) are required for this code, as it does not involve handling food or medical devices. However, for cosmetic products, Regulation (EC) No 1223/2009 must be observed, and at the time of authorization you will submit a declaration on your own responsibility under Law 359/2004 that the registered office and warehouse meet the legal operating conditions. At the Trade Register, you will request the registration of NACE code 4645 as a main or secondary activity. I recommend including code 4645 as a secondary activity to avoid incompatibilities with local authorities.

Regulatory framework, specific approvals, and control institutions

After registration, you will have the obligation to notify the Tax Authority (ANAF) of the fiscal vector, including the registered office and work points. For the warehouse where you store cosmetic products, a fire safety authorization (ISU) may be required if the area exceeds 200 sqm. According to Government Emergency Ordinance (OUG) 99/2000, wholesale trade does not require a special authorization from the Ministry of Health, but cosmetic products must be notified to the National Agency for Medicines (ANM) - the person responsible for placing them on the market must be registered in the CPNP (Cosmetic Products Notification Portal). Inspections are carried out by the National Authority for Consumer Protection (ANPC) for labeling and compliance, and the Tax Authority can verify the origin of goods and tax correctness. For imports from outside the EU, Regulation (EU) No 1308/2013 applies and customs duties are paid for the relevant CN codes (e.g., 3303, 3304, 3305).

Tax management, audit risk by the Tax Authority, and specific accounting

From an accounting perspective, NACE 4645 involves recording merchandise inventories at acquisition cost, and inventory write-offs are made using the FIFO method or weighted average cost. VAT is collected on deliveries (standard rate 19% for cosmetics), and for sales to individuals, invoices with VAT are issued. For online trade (recommended), the RO e-Factura system applies for B2B invoices, and for sales to final consumers, fiscal receipts are issued using a cash register (complying with OUG 28/1999). Cash amounts exceeding RON 10,000 per day must be deposited into a bank account. The Tax Authority has an increased audit risk for this code, as the origin of goods (customs documents, purchase invoices) and the correlation of inventories with deliveries are checked. Therefore, I recommend keeping all purchase documents (including quality certificates) for at least 5 years. For tax optimization, you may opt for micro-enterprise status if annual revenues do not exceed EUR 500,000 and the threshold of 1 employee is not exceeded (for NACE 4645, there are no special restrictions). Corporate income tax is calculated at 16%, and dividends are taxed at 8%. Do not forget the single declaration for the income of associates and the submission of annual financial statements to the Trade Register.