4723

Authorization procedure and Trade Register aspects for CAEN 4723

The establishment of a commercial company having as its main activity retail sale of fish, crustaceans and molluscs requires going through the registration stages at the Trade Register (ONRC). The registration application must mandatorily include CAEN code 4723 as the main activity, and the registered office must be authorized according to Law 359/2004 on operating authorization. The documentation submitted to the Trade Register includes the certificate of registration, the constitutive documents and the affidavit on the observance of operating conditions. Prior checks concern the sales space: equipping with refrigeration installations, compliance with veterinary sanitary norms and the authorization from the Sanitary Veterinary Directorate (DSV). Any subsequent change of the registered office or storage space requires updating the register.

Regulatory framework, specific permits and control institutions

The activity of marketing fish and crustaceans is strictly regulated by Emergency Ordinance no. 97/2007 on the marketing of food products and by EC Regulation no. 178/2002 on food safety. Mandatory permits include: sanitary veterinary registration with the DSV, operating authorization from the City Hall and, if applicable, environmental authorization for waste management. Current controls are carried out by ANSVSA, ANPC and DSV, with surprise checks on batch traceability, storage conditions at controlled temperature and product labeling. For own fishing (if any), fishing licenses and catch certificates are added. Fines for non-compliance with traceability can reach 50,000 RON.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, companies carrying out CAEN 4723 are subject to VAT on deliveries (standard rate 19% or reduced rate 9% for live, unprocessed fish). The profit margin on fresh fish is limited by special regulations, and the VAT difference between intra-Community acquisitions and sales attracts the attention of the Tax Authority (ANAF). The use of a fiscal cash register connected to the electronic system is mandatory, and reporting through the RO e-Factura system for B2B relations applies from 1 January 2024. The accounting must separately highlight perishable inventories: the valuation of goods is done at purchase cost or standard cost, with periodic adjustments for impairment (spoiled fish) – the expense is non-deductible for profit tax purposes if not justified by destruction reports. Employees in fish shops benefit from income tax exemptions for seasonal activities, under certain conditions. The major ANAF audit risk consists of differences between physical and book inventories, but also in the non-declaration of sales to the public. We recommend monthly inventory and keeping purchase documents for the entire validity period of the batches (minimum 3 years).