4664

Authorization procedure and Trade Register aspects for CAEN 4664

Establishing a company that will carry out wholesale trade of other machinery and equipment (CAEN 4664) requires going through the standard steps at the Trade Register (ONRC), with particularities related to the object of activity. When filing the registration application, this exact CAEN code must be mentioned as the main or secondary activity, depending on the business strategy. For authorized natural persons (PFA) or individual enterprises (II), Law 359/2004 requires a declaration on own responsibility from the holder that they meet the legal operating conditions, without requiring mandatory prior approvals at the time of registration. However, it is recommended to check in advance with the Trade Register (ONRC) whether the registered office is compatible with the storage or display of machinery and equipment. Also, if the activity also involves service or maintenance, the corresponding CAEN code (e.g., 3312 - Repair of machinery) must also be requested, which entails additional approval obligations.

Regulatory framework, specific approvals and control institutions

For CAEN 4664, there are no general operating approvals issued by central authorities, but certain subcategories of machinery and equipment may require special permits. If second-hand machinery is traded, the provisions of Government Emergency Ordinance 195/2005 on environmental protection apply, and traders must register with the National Agency for Environmental Protection (ANPM) and obtain an environmental permit if the storage space exceeds 200 sqm. In the case of equipment containing hazardous substances (e.g., refrigeration or batteries), the REACH Regulation applies and notification to the Tax Authority (ANAF) and the Labor Inspectorate (ITM) is required. Current inspections are carried out by the Labor Inspectorate (ITM) (for occupational safety), the Emergency Situations Inspectorate (ISU) (fire prevention) and the Tax Authority (ANAF) (for fiscal compliance verification).

Tax management, ANAF audit risk and specific accounting

From a fiscal point of view, the activity of wholesale trade of machinery and equipment (CAEN 4664) is subject to the general rules of the Fiscal Code. VAT registration is mandatory if the turnover exceeds the threshold of 300,000 RON, and intra-Community acquisitions of machinery and equipment (from EU suppliers) are exempt from VAT on import but must be reported through the recapitulative statement (D390). Major ANAF audit risk: for cash transactions, ANAF may consider inventory differences as undeclared income; we recommend the exclusive use of the RO e-Factura system for all invoices issued to legal entities, according to Government Emergency Ordinance 120/2021. Accounting must separately reflect inventories of machinery and equipment, applying possible impairment adjustments (according to IAS 36). If the activity includes operational leasing, registration in account 8036 and notification to the Treasury are required. At the end of the financial year, the single declaration (D212) for corporate/income tax is submitted, and for employees, standard contribution rates apply. We recommend keeping documents proving the origin of goods (contracts, invoices, certificates of conformity) for at least 5 years, to withstand any ANAF or ONRC controls.