4662

Authorization procedure and Trade Registry aspects for CAEN 4662

For registering with the Trade Register (ONRC) of an LLC having as main activity CAEN 4662 (wholesale of machine tools), the standard documents are submitted: the registration application, the constitutive act, proof of registered office, the affidavit in accordance with Law 359/2004 on fulfilling operating conditions. When establishing the secondary activity object, attention should be paid to CAEN codes requiring additional permits. The administrator must complete the affidavit stating they are not in situations of legal incompatibility. For the registered office and work points, documents attesting the right to use the premises are requested. ONRC verification is strictly on the regularity of documents, not on prior approvals; specific approvals are requested separately.

Regulatory framework, specific approvals and control institutions

Wholesale of machine tools falls under Government Emergency Ordinance No. 99/2000 on carrying out commercial activities, and for machines falling into regulated categories (e.g., high-risk machinery) Government Decision 670/2001 on machinery safety applies. Import/export operations of second-hand machine tools may require a certificate of conformity or technical inspection. ISCIR authorization is mandatory only if the machines are under pressure or operate pressure vessels. For refrigeration or high-power electrical installations, ISCIR and ANRE regulations apply. Tax Authority (ANAF) checks mainly target cross-border transactions and profit margins, especially if high unit value goods such as CNC machining centers or hydraulic presses are traded. It is recommended to keep provenance documents for each machine tool, including invoices, warranty certificates, declarations of conformity.

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

When setting the fiscal vector, CAEN code 4662 shall be declared to the Tax Authority (ANAF) within 30 days from registration. Corporate income tax is calculated at the standard rate of 16%, and for income from contracts concluded with non-resident legal entities, transfer pricing rules apply if transactions exceed the legal threshold (EUR 500,000 annually). The commercial margin is a risk indicator for ANAF; an excessively low or high margin may trigger risk analyses. For the sale of second-hand machine tools, the margin scheme may apply (taxable operations according to Fiscal Code, art. 152^2). In case of intra-community acquisitions of machine tools, the RO e-Factura system rules must be respected and declaration D390 submitted if the EUR 10,000 threshold is exceeded. Audit risk arises from incorrect declaration of stocks and adjustment of depreciation period; the standard useful life for machine tools is 4 years, but checks focus on classification within the normal operating life. Management accounting must be separated by cost centers: for new vs. second-hand machines, for direct sales vs. leasing. The obligation to submit the annual statement on beneficial owners (Statement 96) also applies to this CAEN class. It is recommended to keep supporting documents for each transaction for at least 10 years, considering the lifespan of the equipment. Associations with third parties for after-sales service require separate service contracts, invoiced separately.