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Authorization procedure and Trade Register aspects for CAEN 4779

Establishing a company operating under CAEN code 4779 – Retail sale of second-hand goods – involves going through the standard registration stages at the Trade Register (ONRC), with specific mentions related to the object of activity. When filing the registration application, the single declaration and the tax registration form are completed, and for this code, no prior operating permits are required, except when selling goods subject to special regimes (e.g., precious metals, weapons, or cultural goods). In the case of second-hand goods trade, the legislation does not impose additional minimum share capital beyond that provided by Law 31/1990 for the chosen legal form. When establishing the registered office, compliance with urban planning rules must be verified, and if the place of business is in a commercial space, an operating permit from the municipality must be obtained. For administrators, it is mandatory to submit a sworn statement under Law 359/2004 regarding the absence of a fiscal and criminal record. To avoid blockages, it is recommended to consult the CAEN nomenclature beforehand to determine whether the main activity is classic retail or online, as code 4779 is exclusively intended for retail trade in physical stores or direct sales.

Regulatory framework, specific permits, and control institutions

The activity of trading second-hand goods falls under Government Emergency Ordinance 99/2000 on the conduct of commercial activities, transposed by Law 321/2009. Operators must comply with the rules on labeling, warranty, and product quality, in accordance with Law 449/2003 on the sale of products and associated warranties. For second-hand goods, Romanian legislation allows the application of a special margin scheme (profit margin) for VAT calculation, according to the Fiscal Code (Articles 285-292), which requires separate records for second-hand goods purchased from individuals or other entities that did not charge VAT. From a control perspective, the main institutions are the Tax Authority (ANAF) (for fiscal verification and correct application of the margin scheme) and the Consumer Protection Authority (ANPC), which may verify the authenticity and safety of products. If electronic products are sold, regulations on waste electrical and electronic equipment (WEEE) also apply. For carrying out the activity in public spaces, a permit from the municipality is required, and if the activity is conducted online, the provisions of Law 365/2002 on electronic commerce apply.

Fiscal management, ANAF audit risk, and specific accounting

From a fiscal perspective, operators of CAEN code 4779 may choose between the standard VAT system and the special scheme for second-hand goods (margin). The choice of the margin scheme is optional, but once declared to the Tax Authority (ANAF) through the fiscal vector, it applies to all goods purchased from non-VAT taxable individuals or from entities that did not invoice VAT. Accounting records must comply with the provisions of the Minister of Public Finance Order 1802/2014 for micro-entities or 2844/2016 for large entities, and second-hand goods inventories must be recorded separately. The risk of an ANAF audit exists mainly in verifying purchase documents (sales-purchase contracts with individuals, invoices from suppliers) and justifying the applied margin. In the absence of clear documents, ANAF may recalculate VAT at the full selling value, generating fines and accessories. Also, companies operating this code must implement the RO e-Factura system for deliveries to legal entities, and SAF-T reporting is mandatory for all invoices issued from 2025. To avoid penalties, it is recommended to keep a second-hand purchase register with the seller's details and a description of the goods. At the end of the financial year, it is necessary to verify compliance with the margin threshold and reconcile inventories with accounting records.