4681

Authorization Procedure and Trade Register Aspects for CAEN 4681

Registration with the Trade Register (ONRC) for the activity of wholesale trade of solid, liquid and gaseous fuels (CAEN 4681) requires specific documentation. Upon the establishment of the company, a sworn declaration must be submitted in accordance with Law 359/2004 on fulfilling the operating conditions. For the main object of activity 4681, the associates declare that they are not carrying out activities subject to prior authorization, but the legal reality requires obtaining the permits mentioned below before actually starting operations. The constitutive act must explicitly include CAEN code 4681, and the administrator must have no criminal record in the economic field. The Trade Register will verify the registered office, which must be a suitable space for fuel storage, compliant with ISU and environmental norms.

Regulatory Framework, Specific Permits and Control Institutions

Wholesale trade of liquid fuels is subject to Law no. 238/2004 on petroleum, and for solid and gaseous fuels, to the norms of ANRM (for natural gas). An essential requirement is obtaining the license for the commercialization of energy products from the National Regulatory Authority in the Energy Field (ANRE) for liquid and gaseous fuels. For solid fuels (coal, briquettes), an environmental permit must be obtained from the Environmental Protection Agency in accordance with GEO 195/2005 on environmental protection. Moreover, a permit from the Inspectorate for Emergency Situations (ISU) for fire safety of storage facilities is required. Operational control is carried out by ISU, the Environmental Guard and ITM. For the commercialization of liquefied gases (LPG), specific rules regarding packaging and transport apply in accordance with ADR. Non-compliance may result in the suspension of activity by ANRE.

Tax Management, ANAF Audit Risk and Specific Accounting

From a fiscal perspective, activity 4681 involves operations subject to VAT at the standard rate (19%), with the possibility of applying reverse charge for certain intra-Community transactions with energy products, as per Article 331 of the Fiscal Code. The taxable base is established at the net value of the delivered goods. VAT registration below the legal threshold (300,000 lei in 2024) is possible, but the special exemption scheme is not recommended due to limited deductibility. ANAF will pay increased attention to this CAEN code, as it presents a high fiscal risk due to tax evasion in the field of excise duties. The trader must be authorized as a tax warehousekeeper or hold the status of a registered consignee for excise duties, as per Title VIII of the Fiscal Code. The obligation to report liquid fuel stocks through the RO e-Factura system is mandatory for all issued invoices. Specific accounting requires separate recording of fuel stocks, valuation at acquisition cost, and provisions for depreciation. Fuel storage facilities must be subject to monthly inventory, and differences are taxed as stock surpluses. The ANAF audit risk is heightened by the need to verify compliance with the conditions for granting bonuses for early payment of excise duties. We recommend appointing a tax consultant with experience in the energy field for fiscal optimization and compliance with reporting obligations.