4761

Procedure for authorization and aspects of the Trade Register for CAEN 4761

For the registration of a company with main activity CAEN 4761, ONRC consultants require the exact specification of the name: "Retail sale of books". The requirements at the Trade Register include a self-declaration according to Law 359/2004 regarding the fulfillment of operating conditions (premises, storage space, equipment). No prior authorization from another institution is required, but the CAEN code must be mentioned as main activity (if it represents over 50% of income). When completing the application, the tolerated related activities (e.g., online sales) must be explicitly indicated. Registration in the RO e-Factura system is mandatory for all B2B transactions (Ordinance 69/2020), as well as obtaining a qualified digital certificate. For physical spaces, the ISU authorization is required only if the space exceeds 200 sqm.

Regulatory framework, specific permits and control institutions

Retail sale of books does not benefit from special tax facilities; however, according to the Fiscal Code, the standard VAT rate (19%) applies to all products (including electronic books). No special environmental permits are required (not an industrial code). The relevant control institutions are the Tax Authority (ANAF) for tax inspections, DSP for hygiene (if there is public space) and OPC for consumer protection. It is recommended that book labeling complies with ORDA norms (copyright-protected works). Payment of corporate tax (16%) or micro-enterprise tax (1-3% of income) is made quarterly, with the mandatory filing of declaration 100. Also, archiving invoices for 10 years is required according to the Fiscal Code.

Tax management, risk of ANAF audit and specific accounting

Book trade operations involve the management of inventory in accounting (separate registration in account 371), valued at acquisition cost. ANAF typically analyzes gross margins; a margin below 10-15% may trigger an anti-fraud audit. Invoicing must mandatorily include the associated CNP (unique registration code) for second-hand books (if the special margin scheme applies). For online sales, e-commerce rules apply: the seller must display on the website identifying data (tax number, Trade Register) and issue an electronic invoice in the RO e-Factura system. Reverse charge does not apply. Major risk: failure to record cash delivery income; ANAF conducts unannounced inspections. The use of a cash register with electronic journal is recommended. For micro-enterprises, the threshold of 500,000 Euro (equivalent) conditions the application of the reduced tax rate.