4730

Authorization Procedure and Trade Register Aspects for NACE 4730

Registration with the Trade Register (ONRC) of a company having as its main activity NACE 4730 is carried out based on the registration application and the articles of association. The text of the articles of association must explicitly include the activity of retail trade of automotive fuels, classified under NACE code 4730. For the registered office, the Trade Register requires proof of the right to use the space: a sale-purchase contract, a lease contract, or a loan for use contract. The administrators declare on their own responsibility, according to Law 359/2004, the fulfillment of the legal operating conditions. It is essential that the office meets urban planning and environmental requirements, and in the case of points of work (fuel stations), specific forms must be submitted for the registration of secondary offices.

For retail fuel trade operations, the company will also request VAT registration with the Tax Authority (ANAF), mentioning NACE code 4730. The registration procedure is simplified for LLCs with minimum share capital, but we recommend a share capital of at least RON 500. The Trade Register does not require special permits at registration, but operating permits are subsequently obtained from the competent authorities (ANRE for fuel storage, ISU for fire safety).

Regulatory Framework, Specific Permits, and Control Institutions

The fuel trade is strictly regulated. In addition to the building/demolition permit for the fuel station, the economic operator must obtain: an environmental permit issued by the Environmental Protection Agency (APM) for operation and emissions, a fire safety permit from the ISU, ANRE approval for the commercialization of energy products (fuels), and a sanitary permit from the Public Health Directorate. Also, for fuel storage, specific regulations regarding environmental protection and public health apply. The main control is exercised by the Tax Authority (for taxes and excise duties) and the Environmental Guard (for compliance with environmental regulations).

Excise duties on fuels represent a major component of the price; the tax base is established according to the Fiscal Code. The operator must hold a tax warehouse authorization if storing fuels under a duty suspension arrangement. For commercialization, the VAT collection payment threshold applies, and the RO e-Factura system is mandatory. Non-compliance with environmental or tax regulations attracts substantial fines and the possibility of suspending operations.

Tax Management, ANAF Audit Risk, and Specific Accounting

Accounting for NACE 4730 involves strict records of fuel inventories, excise duties, and VAT. The inventory valuation method must be consistent (FIFO or weighted average cost). The use of integrated IT systems for monitoring quantities and values is recommended. The risk of audit by the Tax Authority is high due to excise duties and low margins; supporting documents must be kept for at least 5 years.

Monthly/quarterly tax declarations include: Declaration 300 (VAT), Declaration 390 (intra-Community acquisitions), Declaration 394 (issued/received invoices), and Declaration 100 (excise duties). The VAT code (RO...) is obtained upon registration. Fuel supply contracts must be concluded with authorized tax warehouses. For goods sold on consignment, special invoicing rules apply.

To reduce fiscal risk, it is recommended to periodically check the correlations between stocks and sales, control the excise duties recorded in accounting, and respect the deadlines for payment of budgetary obligations. Any discrepancy may trigger a tax inspection. The aspect of ONRC authorization and obtaining permits is crucial before starting the activity.