4762

Authorisation procedure and Trade Register aspects for NACE 4762

For registering the activity of retail sale of newspapers and stationery (NACE 4762) with the Trade Register (ONRC), the standard file according to Law 265/2022 is submitted. The documentation includes the registration application, the constitutive act (for legal entities) or the affidavit for PFA/II/IF, together with proof of the registered office (rental contract, property title or loan agreement).

For individuals, the affidavit according to Law 359/2004 will attest that the space meets the specific operating conditions for the sale of paper, stationery and printed materials. In the case of shops of 10-20 sqm, an affidavit is accepted; if the surface exceeds 200 sqm or there are storage spaces, an opinion from the Fire Brigade (ISU) is required.

As the main activity, NACE 4762 includes sales of newspapers, magazines, stationery articles (notepads, pens, envelopes, office paper) and art materials. The trade of books (NACE 4761) or related office products is not covered here. When completing the ONRC form, specify clearly 'main activity 4762' and relevant secondary activities may be added, provided they are compatible (e.g., 4711 for mixed retail).

Regulatory framework, specific opinions and control institutions

1. Authorisations for selling newspapers – If publications with restricted content are sold (e.g., magazines with limited access), the provisions of Law 196/2003 on preventing and combating pornography apply. In practice, neighbourhood shops do not require special opinions for ordinary newspapers, but managing erotic products imposes display and age restrictions.

2. Sanitary-veterinary opinions – Not applicable, since no food or animal-origin products are sold.

3. Fiscal control and Trade Register – After registration, the company must request the fiscal vector from the Tax Authority (ANAF) through declaration 010 (or 020 for legal entities). The VAT regime is established: if annual turnover exceeds 300,000 RON, the company becomes a VAT payer at registration; below this threshold, optional VAT can be chosen.

4. Control institutions – ANAF controls the tax area, while Consumer Protection (ANPC) verifies correct product labelling (prices, expiry date for magazines). OPC may sanction the lack of price display or the sale of products with limited character (e.g., publications with content forbidden to minors).

Tax management, audit risk and specific accounting

1. VAT regime and margin – For newspapers and magazines, the reduced VAT rate of 5% applies according to the Fiscal Code (art. 291, para. 3). Toilet paper, napkins and similar stationery products bear the standard rate of 19% if not considered 'paper for writing/printing'. It is recommended to verify the exact classification of products: e.g., simple notebooks with cardboard covers are at 19%, weekly magazines at 5%, postcards at 19%. Erroneous differentiation triggers fiscal reclassification during ANAF control.

2. Inventory accounting – Quantitative-value management is tracked for products with an expiry date (magazines are returned to distributors). Monthly closing requires valuation of inventories at acquisition cost and adjustment with impairment provisions (if remaining magazines can no longer be sold).

3. Reporting obligations – Submission of the single declaration (for PFA/II) or declarations 100/300 (for legal entities) is done monthly/quarterly. Transmission through the RO e-Factura system is recommended for invoices issued to legal entities, although for cash sales to individuals it is not mandatory.

4. ANAF audit risk – The field is considered high risk due to low margins and cash transactions. ANAF may verify differences between scriptural and actual inventories. Also, the risk of non-recording of income in the case of cash sales is attested. Use of the approved fiscal cash register and issuance of receipts for each sale is recommended, according to GEO 28/1999.

5. Tax optimisation – For small companies, the VAT on collection regime (art. 282 Fiscal Code) can be optionally applied, allowing the postponement of VAT payment until actual collection of the consideration. Also, deduction of rent and salary expenses is strictly based on supporting documents (invoices, payroll).